Wish I hadn't gone to work

[debtfreesusie67]

Hi everyone
This is my first post so please be gentle with me.

I work for a savings bank in their call centre. When I went into work today I was asked into a meeting where I was given a letter.

The letter stated that I was being suspended on full pay and that I have to attend a disciplinary meeting on Thursday 3rd April at 11.00
The reason for this is because I am having financial difficulty and have applied for an IVA.

I feel that it's one step forward two steps back. Really wished I'd just stayed at home today.

Sue[V]

[angela18]

Oh Susie you poor thing.. thats awful!Have they said what they are going to do? Try and be positive (I know easier said than done)..

[debtfreesusie67]

According to the letter they are inviting me to attend a diciplinary hearing to discuss the matter. at this meeting they state "It will be decided what disciplinary action, up to and including dismissal, will be taken against you, if any."

You try and do the right thing...............

[Rachael24]

Stay positive sweetie!

[rayb]

Hi,

That is awful. Did you tell them you were having difficulties or have they found out somehow??

May be worth checking your contract of employment to see what is says concerning debts

[debtfreesusie67]

I went through a really bad depression from January - March this year and I said something then. The information they have given me states that I had to tell them any way so it was lucky it came out.

I have been searching high and low for my contract since I got home this morning and I can't find it anywhere. Typical.

I might have to contact them to see if they can give me a copy of it. I've worked for them nearly 4 years. I'm probably being paranoid but it's almost like they can't get rid of me for my sickness so they are trying this.

Sue

[rayb]

Hi,

I think you will be fine and my thoughts and I am sure the others will be with you. Also the fact you have been honest counts in your favour and they would be pretty unsympathetic if they got rid of you based on the problems you have had.

Kind regards

Ray

[Lisa2009]

I would deffinately get hold of a copy of your contract and see exactly what it says...if anything, regarding IVAs.
I know its easier said than done but try not to worry too much, it could end up being something and nothing.

[sjw]

that terrilbe, have you got any repersentation such as a union that you could speak to for advice. or a close colleague that you can take into the meeting with as support.
sue x

[Oliver]

Hi Sue

Really sorry to hear this. It is important to get a copy of your contract and T&C's. Try not to let it worry you. It’s very rare to see IVA's mentioned in employment contracts it usually relates to bankruptcy.

[debtfreesusie67]

They have given me a copy of their Criminal Record and Credit History Policy (nice of them to link the 2 together). It says it's a draft version dated 4th May 2006, nearly 2 years after I started with the company. In that it lists IVA's and they say I have to inform them if I enter into one, which I did.

[MelanieGiles]

No one's job should be prejudiced due to financial difficulties in my opinion, especially for those of you choosing the IVA route as a method of repayment. If you are not a member of a union, I would consult ACAS in this regard, and you would have thought that your HR department would have had the moral courage to speak to you personally about the requirement to issue this letter rather that the cowardly approach.

Absolutely hideous treatment, and ripe for a News of the World feature.

[smr]

Hi Bluesusie67

I am a HR Director for a private company. Just wanted to add my point of view.
Firstly, you need to get a copy of of your Contract of Employment to establish what it states on IVA's. If you don't have one phone your HR department and request a copy - tell them you need to prepare for the meeting and that this is required prior to the meeting. I would also ask for a copy of the company Disciplinary Procedure.

Secondly, if the document they have given you is in "draft" form, they will need to provide you with a final version and if it is to form part of your terms and conditions of employment, they will also need to show where you have agreed to this amendment, given that it was introduced AFTER you started work for them.

When did you tell them about your IVA proposal ? When were you off work and when did you go back ? Also, would the IVA have an effect on your ability to perform your duties ?

Also, have you been offered the right to be accompanied to this meeting ? This should normally be a fellow employee or trade union representative.
If you want to ask me any questions whatsover please do. I would be happy to help in any way.
I know it's hard but try to stay positive, they have added "if any" when referring to disciplinary action that may be taken, and so thia may just be their "foot in mouth way" of discussing the matter with you as they don't know how else to approach it. Answer my questions if you can and I will galdly provide you with some key quesitons to ask during the meeting.
Meant to also say, that "up to and including dismissal" is a standard term used in these sorts of letter.
Sharon

[MelanieGiles]

Thanks for being there for this poster Sharon. As I have recently learned in my own business, employment law is an absolute minefield and you really do need to consult a professional if you end up on the wrong side of it. What is your firm's policy on IVAs and bankruptcy?

[smr]

Hi Melanie
I work for a company that offers a finance rental product to SME's for IT equipment. As we attach an insurance product to this rental we are FSA regulated as an insurance intermediary.

The policy I have introduced relies purely on a person's capability to perform their job and in no way relates to their personal financial circumstances. However, I have also included a requirement for employees to inform me, in confidence, of their IVA or BR.

If their financial circumstances then start to affect their capability, and this manifests itself in ways such as absence from work, stress, depression etc, (which we all know it can) then at least I am aware of a potential cause, and I say potential, as it is not always a cause. It helps me when divising an action plan to get a member of staff back to work or back up to an acceptable standard.

I would never reccommend introducing a policy that gives rise for disciplinary action based purely on the fact of an employee having IVA or being BR. As for most people this has no bearing on their capability and far as I am concerned, unless your professional capability or conduct can be called into question your financial situation makes no difference.

Lets face it, we all make mistakes and bad choices in our lives, I know I have. I wouldn't have found this forum if I hadn't. My mistakes and choices have made me the person I am today and in my opinion, my experiences make me good at what I do for a living - not being a text book theorist goes a long way in terms of credibility.

By the way, if you ever want to run anything by me from an employment perspective, then get admin to give you my email address.
Regards
Sharon