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del.cr
Starting Member
1 Posts |
 Posted - 05 August 2009 : 16:12:16
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Hello.
My Son-in-Law is being threatened with Bankruptcy by the Council over Council Tax/Rent arrears. He works for Carphone Warehouse as a Sales Operative (In Store). They have told him that if he is made Bankrupt, he will be dismissed, as they do not allow Bankrupts to work there. Is this legal?
Del |
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Jane.l
Average Member
511 Posts |
Posted - 05 August 2009 : 16:31:59
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| Is this stated in his work contract? If so, then yes they can do this, I would think |
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debtinfo
forum expert
2826 Posts |
Posted - 05 August 2009 : 19:39:47
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| It would be unusual for a sales assistant to have a bankruptcy clause in his employment contract but he would have to check this for himself. There is no genral bankruptcy law saying that he would be sacked. Has he got a union or a HR section where he could check |
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sjbyron
Average Member
United Kingdom
746 Posts |
Posted - 05 August 2009 : 19:48:52
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Hi
I would assume that because he is most likely to be handling cash and also dealing with new contracts then the company could see problems in the horizon.
Get him to check his contract, and maybe he could ask for a meeting with HR and line manager, explain the situation, and explain how much he loves his job and whether they would consider re-deployment into another area of the company that doesnt involve cash or credit and doesnt hold the bankruptcy clause either.
Alternatively could he speak to the council and ask if they would accept reducred payment or a DMP, then speak to a professional DMP advisor and see if they could help
Another option is speak too an IP and see if they can get the order overturned and the debt entered into an IVA, however all over debts will be included and this is a form of insolvency too, so maybe subject to the same clause.
Best of luck and keep on posting
Stu J Byron |
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qznhln1
New Member
68 Posts |
Posted - 05 August 2009 : 20:30:04
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Unfortunately I lost my job as a result of my bankruptcy as I was working in the financial services sector (albeit in the IT department). This was due to a clause in my contract and even thought my line manager wanted to keep me on the HR department would not budge.
However, I would still recommend getting him to speak to his manager as you may find any dismissal is discretionary. Definately check the wording of his contract though |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 05 August 2009 : 21:02:07
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AT some point in the near future someone will challenge these clauses in the european court.
If the law says you can't be an MP, High court judge, public office etc then that is the law. For a company to make up their own rules is in my view predjuce and possible illegal.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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sjbyron
Average Member
United Kingdom
746 Posts |
Posted - 05 August 2009 : 21:44:37
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Totally agree Paul and it must be a breach of human rights too
Stu J Byron |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 05 August 2009 : 22:44:12
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Sadly it could be legal - suggest get the contract out examine it and then make an appointment to see local CAB/Law centre for FREE advice
Good luck - keep positive and do not stress Del
Regards, Richard |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 05 August 2009 : 23:32:36
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Hi
lots of things in contracts ( signed by both parties ) can be contractually upheld but can often be proved to be illegal practice.
I would suggest that if it were taken to Brussels if yould bounce and compensation for unfair dismissal would follow.
The bad bit is that this would be classed as a windfall and will go to the OR
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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Is this legal?
