www.iva.co.uk

HI all.
I have been in an iva for 4 months and started a new job 4 weeks ago. I just received my contract today and it states,
'if the nurse is giulty of serious misconduct, including being declared bankrupt or making an arrangement with creditors, the practice reserves the right to terminate the employment.
I am now terrified I will lose my job.
Does this count as I was in the IVA before I began working for them and can they do a credit check without telling me first?
I am a veterinary nurse by the way,
thanks!

This rather puts the ball in their Court to deal with this if they become aware of your financial situation, which is of course a private agreement between your creditors and yourselves. It only says that the practice reserves the right to terminate your employment, not that you have to be overt and tell them about it.

And for the record - I cannot see why having made an arrangement with your creditors should affect your employment as a veterinary nurse.

Thanks Melanie.
I had been wondering whether to just tell them about it to prevent any problems with them finding out later down the line but like you said, it is a private arrangement between me and my crecitors.
I don't know whether they ever do credit checks on members of staff but until now I have really been enjoying my new job and don't want anything to ruin it.

I would play dead on that to be honest - at the end of the day you are repaying your creditors and not running away from them. But do you have a HR representative, or one of the partners in the practice you could have a chat with to set your mind at rest?

One of the partners is very friendly and approachable but I'm just really worried that once they know that'll be it. I'm still on a 3 month trial and I don't want them to try and find any reason they can to get rid of me at the end of it.
I know I should be open about my IVA as I'm doing my best to deal with my problems but this job is one of the most positive things to happen to me in a while and I really don't want to lose it.
The partners do both seem reasonable people but I can't see why they'd put that in the contract if they weren't likely to act on it.

Hi Martha,
I can't offer any professional advice, but I'm really suprised that such a clause is in your contract. I tend to agree with Melanie (who, lets be honest is the absolute expert and knows the best way to go).
Do you know anything about the history of the practice? My personal thoughts are that maybe they've had a previous partner/employee who has defrauded them or something similar. If that is the case I might be inclined to chat, in confidence, to someone I felt I could trust. If nothing else but to show yours is personal debt and you are trustworthy as you're sorting it out and paying back your creditors.
Please keep positive and let us now how you get on.
Wishing you all the best,
Hugs,
Chardonnay

That does seem very strange. I dont know much about it but what i do know is, its the kind of clause that is included with the Police force and HM forces and this is only because it is felt that being in serious debt can lead you to being vulnerable and open to bribes. I cant see that being an issue in your line of work, ut they must have a reason for it.

Take care

I find it very annoying that some employers are being so narrow minded as to place clauses like this in employment contracts. People who enter into IVA's, DMP's or Br's are being responsible. When will this prejudice stop?
Martha, try not to worry, use your 3 months trial to show them that they are lucky to have you and hopefully, they will realise what a valuable asset you are to the practice, regardless of your private financial matters. [;)]

They have probably bought a "DIY" pack for employee contracts which has this in as a standard clause. If you can put this to the back of your mind, and stop worrying about it, then I would say nothing. If you are going to keep thinking about it, then it is probably better to put cards on the table and confess. If you are a good animal nurse, and they are happy with your work, I am sure that this will not affect their judgement.

Thanks for all your help. I think I'll keep quiet for now and see what happens. If they find out, they find out and I'll have to do my best to sell myself as an asset to the place. Hopefully the next 5 years will pass quickly and I'll be in the clear.

Hi
Keep quiet
It's a ridiculous clause and has no bearing on your ability to do your job.
Regards

I would keep quiet, although I would probably worry about it! It is a daft clause as I cannot see how being in debt, let alone sorting out your debts, would influence the way you do your job.

They'll be asking if you ever bite your nails next !!

That'd be me ruled out then!