I went to work last Friday after a weeks holiday and was given my P45.
I was made 'redundant'
I had been working for a small independent jewellers run by a married couple for 15 months. A few months ago they took on their 17 year old niece and it was pretty obvious the way things were going, she was doing the work I used to do while I was asked to clean the toilets.
The niece made a mistake regarding security and I was blamed for it because I am older and more responsible, even though I didn't have any supervisory responsibility.
I was then given an ultimatum, I could leave with a reference because my boss 'didn't want to have to sack me'.
I fought for my job, refused to leave, I was 30 months into my IVA, I couldn't just walk away from my job.
A couple of months passed, each morning I dreaded going into work. They were bullying me every day, I knew they wanted me out, I was fighting against it every day.
I now feel relieved in a way, I don't have to work with these people again and I don't have to fight against it.
My self confidence has taken a huge battering though, I now feel quite insecure after what has happened.
I'm trying not to panic about being unemployed. I've updated the CV, been to the job centre, got a few interviews lined up.
I've also phoned my IVA company up, explained the situation and I'm taking a payment break this month.
What worries me is some of the jobs I've applied for (in retail) have stated that credit checks may be carried out.
Ah of course, because I got myself in debt (and trying to get out of it - the whole point of an IVA) that means that I'm going to be untrustworthy and going to steal from the company!
I've been working in jewellery for the past for 4 years for two different companies, working with millions of pounds worth of diamonds every day for goodness sake!
Not really looking for any expert advise, just wanted to share my experience and would like to know if others have had disaster strike during their IVA.
You have been treated abominably by your employers, and surely ought to pursue a claim for unfair dismissal. Employers cannot be allowed to behave like this.
I can understand your relief at getting away from these people, however, and hope that you will be able to find a new position shortly. And an undertanding IP will support you for a couple of months with payment breaks - but ultimately the IVA may have to be varied to accomodate your current situation.
That really is a terrible story. I agree with Melanie that you have grounds to take them to a tribunal, and I would most certainly do that.
I hope you manage to find another job soon so that your IVA can continue.
Please let us know how you get on, and remember that we are here to support and advise you.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Threatening you with witholding a reference and removing areas of responsibility in the way you described is constructive dismissal. You are protected with full employment rights having worked for them for over a year. They can't make you redundant if the post still exists. If you haven't had formal warnings, opportunities to seek third party representation etc then you would more than likely do very well at a tribunal.
I completely agree with Scott - and also feel that you have a very viable claim against these people. This could well help you in the short term with servicing your IVA payments, so do think carefully about not proceeding - if only to make sure that these people cannot get away with this again.
Absolutely - certainly take them to a Tribunal. You have 3 months in which to make a claim
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
I did have a warning when my employers niece made a mistake.
It was a high class jewellers and there is a buzzer on the door, you can't walk in you have to be let in.
It was a hot day and the air conditioning system wasn't working so we had the door open, meaning anybody was free to walk in.
I was serving a customer in the shop and so was this other girl. The other girl got some expensive rings out for her customers to look at but failed to shut the door. It was my fault apparently because I failed to notice what was happening whilst looking after my own customers.
As I've said previously, I was just a Sales Assistant and wasn't getting paid to supervise.
It was my fault because I'm older and more responsible and I should have being looking after the other girl because she was new.
Hi there, on the employment side you definitely have a case for constructive dismissal. I wouldn't worry about the reference as most companies, mine included, do not give references at all now. If they do give a reference it has to be an honest account and legally you have the right to see it. If you didn't agree with the reference you can take action against the referree. New employers would be aware of this and tend to accept personal references more and more. Also to overcome the lack of last employer references,probationary periods are now becoming the norm.
I know this doesn't help with the IVA but hopefully it will help with future employment. Employment law is there to protect both sides.[:)]
Welcome from me too Honeycomb.What an awful experience you have had.It sounds like you have been more or less bullied out of a job.Some people just have no integrity whatsoever.I can only echo what everyone else has said,and i hope you manage to find another job very soon.Take care.x
Welcome from me too. That's awful the way they have treated you, hope you take everyone's advice on here and keep in touch to let us all know how you get on.
Good Luck in finding a New Job soon as well.[:)]
xx
IVA accepted 13/11/2008..17 payments down,55 to go..
