Do I need to declare I am in an IVA???

[Broke of London]

Have a chat with your manager or HR - they can be very supportive. And remember, they can see you doing a good job while in your IVA and have no cause to believe this would change in the new role. Let us know how you get on.

[kallis3]

Can you not make an anonymous call to HR to see if you are covered

[MelanieGiles]

That clause is completely draconian, and has no place in the modern world. How on earth would you having a few personal debts bring your employer into disrepute. A Court would throw that out I feel sure.

[stewpots]

Why would anyone declare anything that might stop them getting a job in the current economic climate.??

[Skippy]

Because it's a matter of public record and there for easy for an employer to check which could then lead to dismissal depending on the terms of the contract.

[stewpots]

Because it's a matter of public record and there for easy for an employer to check which could then lead to dismissal depending on the terms of the contract.

Each to their own.

I’m sure my contract says I shouldn’t do any other work outside of business hours, Shouldn’t have had a problem with drinks/drugs and all sorts

I say none of their business.

Well unless I get found out.

[rayb]

Stewpots,

The problem is you would get found out. If a credit search is carried out they would know and you would likely get fired. I feel it is best to be honest and go from there

[Skippy]

I agree with Ray, there's no point lying.

[stewpots]

I think i am stuffed....I just found this in the employment manual....

Gross misconduct
Matters which are normally considered to be grossmisconduct include, but are not limited to:

- actions leading to *COMPANY* or its partners being censured by a professional institute or regulatory body; insider dealing market abuse; breach of the Financial Services Authority's rules; becoming bankrupt or compounding with creditors; indecent/immoral actions and actions likely to bring *COMPANY* into public disrepute;

*I have changed the real company name for confidentiality reasons

It talks about becoming , not what you are or are in.

I'm not qualified to talk about your specifics but know what I would do.

However I was out of work 10 months which might cloud my judgement.

[Skippy]

I have been offered a new position in my firm and I am undertaking the paperwork reuired to start my new job.

I have to answer a couple of 'fit and proper' questions -

Financial integrity and reliability

In the last ten years have you made any compromise arrangement with your creditors or otherwise failed to satisfy creditors in full?
Yes
No

Have you ever been declared bankrupt or been the subject of a bankruptcy court order in the United Kingdom, Republic of Ireland or elsewhere, or has a bankruptcy petition ever been served on you?
Yes
No

Have you ever signed a trust deed for a creditor, made an assignment for the benefit of creditors, or made any arrangements for the payment of a composition to creditors?
Yes
No

Bearing in mind I am 1 year into my IVA what should I answer??

All advice welcomed

If you read the original question it clearly asks have you ever made any compromise arrangement etc with your creditors, to which Jojoey would have to answer yes.

[stewpots]

I have been offered a new position in my firm and I am undertaking the paperwork reuired to start my new job.

I have to answer a couple of 'fit and proper' questions -

Financial integrity and reliability

In the last ten years have you made any compromise arrangement with your creditors or otherwise failed to satisfy creditors in full?
Yes
No

Have you ever been declared bankrupt or been the subject of a bankruptcy court order in the United Kingdom, Republic of Ireland or elsewhere, or has a bankruptcy petition ever been served on you?
Yes
No

Have you ever signed a trust deed for a creditor, made an assignment for the benefit of creditors, or made any arrangements for the payment of a composition to creditors?
Yes
No

Bearing in mind I am 1 year into my IVA what should I answer??

All advice welcomed

If you read the original question it clearly asks have you ever made any compromise arrangement etc with your creditors, to which Jojoey would have to answer yes.

The reference was the staff handbook.

Lets look at ‘Failed to satisfy their creditors in full’, what does that mean to a layman ?

They surely have agreed to the IVA ?

Had they not been ‘satisfied’ I’m sure they wouldn’t agree to an IVA otherwise

It’s being pedantic but each to his own, I am not a lawyer.

If I had been 20 years in one firm and was ‘thinking of moving to another where I knew they would check an IVA of course I would declare it.

If I could even get a job as a Fork Lift truck driver I might think twice , if the job offer might involve a 5% chance of looking at a IVA.

[Skippy]

I'm not sure many creditors are 'satisfied' with an IVA, it's just a way of getting back as much as possible!

My point is, if the paperwork asks a specific question (as this does) then it should be answered honestly. I know someone who lied on a job application and it was found out and he lost his job - not worth the risk.

[plasticdaft]

Nop oint in being dishonest in applying for a job. And if its a move within your current set up,its even more important to be honest. Try getting sacked then trying to get a new job without a reference from your previous employer!!!!

Paul

[Broke of London]

Hi, your employer is legally obliged to give you a reference and it cannot be negative. But man can they make them sing with faint praise!! I only mention this because my dad has sacked people without reference before and my sis and I ganged up on him when we found out...but he didn't know it was illegal and neither did any of the ex-employees! In times like these we all need to know our rights...sermon over.

Jojoey, are you out there? How is everything going?

[Skippy]

That is so wrong! Why should an employer have to give a good reference to someone who they have sacked?!?!