Morning All.
My current T+Cs allow me to be in a IVA and I cleared this with a HR person, Ive just found out though that we are to be moved onto a new contract which has a provision that basically states that any IVAs/Bankrupty could lead to instant dismassal. Now unfortunatly the HR person has left so cannot clarify it with them. I have a meeting next week with my Director to discuss but just wondered if any one has had the same experience
Hi! You are doing the right thing by speaking to your director. Hopefully he can reassure you that this clause will not be applied retrospectively...after all you took out the iva on the understanding your job would not be affected and it would be unfair to whip the rug out from under you now. My old work introduced such a clause but were clear in the wording it wouldn't be applied to existing insolvencies. Fingers crossed for you x
What type of work are you in ldc? I continue to fail to understand this attitude of employers towards their staff, who have taken a responsible route to dealing with unaffordable debt. Do you have evidence of your earlier discussions with the HR person?
I worry about things like this: I've never told anyone at work about My IVA even though part of what we do is peoples personal details because one of my colleagues is in one and she has been promoted several times since and its done her no harm. She was very upfront about her financial difficulties. I just wonder if I could be penalised for not declaring I'm in one even though there is nothing in my T & C s to state overwise! I'm just a private person and even though Management were ok about my Colleague, I know alot of people talked behind her back and I just don't want that!
Mel, I work as a assistant buyer but my t+cs are from a previous role and I got to keep as I was tuped into this role. The company I work for are undergoing a massive exercise on a group level as we have many differing t+cs with the group as we have many differing clients (MOD been one). Im hoping that this clause is for certain groups and wont affect me but I doubt it. The HR guy is long gone as they merged all HRs together and it was all verbal as I knew him from a previous role years ago. I will also be needing to speak to my supervisor regarding other aspects of this exercise but will do so only when I know exactly how its effecting me which should be next week.
I am considering an IVA but worried if my work knows and is against the T&C. I looked into the Contract but could not find anything regarding IVA. Looked on HR website and all is saying to contact the CAB for anything including debt and consumer issues. I work for a Telecommunication company so I am just wondering if they don't want to know hence referring to the CAB? As I really want to keep this to myself and work on it to completion. Any ideas?
Newbiy - it mentioned tellimg my employer about bankruptcy, not IVA. I think normally it's people who work in the finance industry, solicitors etc that tend to find IVA's are a no-no.
If it doesn't state anything on your HR page or in your contract I would think you are ok.
Hi Idc - it does not matter at all if the actual person you spoke with in HR is still there or not. there is still an HR function, you still have the T&CS on which you were TUPE'd across on. You would have a clear case for unfair dismissal if you were forced to take new T&Cs which included a clause on which you were then retrospectively dismissed. The T&Cs you have are the only proof you need that you took the IVA out with no risk to your job. Speak to your Director and hopefully they are switched on to employee rights and will arrange for a special exclusion in your new contract regarding your current IVA. Obviously this would not cover you should you do an IVA or BR in future years.....but this isn't going to happen I am sure.
Let us know how your chat goes.
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.
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If your contract of employment is silent on this point, then you should stay silent too. Your personal financial arrangements are no business of your employers, unless they choose to make them theirs.
