Could I lose my job? - SOA included - pls read

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I had my lightbulb moment a few months ago, I have put it off but due to a change in circumstances I no longer have any choice and will have to enter into a DMP or IVA. I will be ringing payplan tomorrow morning but i'm terrified that I will lose my job. I work for the Police as Police staff (civilian) and in my contract it says...

"The authority, may notwithstanding any terms of your employment, at any time by notice in writing terminate your employment with immediate effect:

If... a petition is presented or any order is made or any notice issued, convening a meeting for the purpose of passing a resolution for your bankruptcy or you become bankrupt OR MAKE ANY COMPOSITION OR ENTER INTO ANY DEED OF ARRANGEMENT WITH YOUR CREDITORS GENERALLY;"

Does anybody know if the part in capitals applies even if I go for a DMP or IVA? If I lost my job I would also lose my home as I can only live here as long as I remain a keyworker.

Thanks in advance for any thoughts.
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Comments

  • SkippyB
    SkippyB Posts: 99 Forumite
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    Please don't worry, there are many persons who have the same kind of terms in their contracts...I advise you to contact either Unison or speak in confidence to your supervisor....

    PM me if you don't want to speak on open forum.
    Happy to be Debt Free!!!
  • jessicamb
    jessicamb Posts: 10,446 Forumite
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    Hi definitely speak to your union as soon as possible. They will be best placed to advise. Good luck
    The early bird gets the worm but the second mouse gets the cheese :cool:
  • Toto
    Toto Posts: 6,680 Forumite
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    If you enter a DMP or an IVA how would your employer actually know unless you told them? Do they credit check everyone on a regular basis? With bankruptcy it is different but a DMP is really just an agreement between you and your creditors, so no one elses business really.
    :A
    :A
    "Everyone is a genius. But if you judge a fish on its ability to climb a tree, it will live its whole life believing that it is stupid" - Albert Einstein
  • milliejon
    milliejon Posts: 1,052 Forumite
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    Hiya and welcome. I'm a Civil Servant and have a DMP. I spoke to our welfare people before organising it. A DMP is fine, and even CCJs, But if I enter into a IVA or become bankrupt, then I could lose my job. I would be unable to deal with financial issues in work, and as a Civil Servant finance is integral to most jobs.

    I agree, that you should contact your union to talk about it.
    DMP mutual support number 174
    Total debt now (April 10) £0! - total paid off £30,221 or 100%
    I'm now debt free after 6 years!!:j
    Non smoker since June 2006 :j
  • Imelda
    Imelda Posts: 1,399 Forumite
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    hiya,

    Have you read lennymfo's thread? He had a similar experience:

    http://forums.moneysavingexpert.com/showthread.html?t=187310&highlight=employer

    also do seek help from your union if you're in one.
    Saving for an early retirement!
  • MCBIRNIE25
    MCBIRNIE25 Posts: 555 Forumite
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    Hiya, as a union rep for Civil Service, a DMP or even IVA is fine. You do have to declare bankruptcy, but then, you still can't automatically lose your job. It is basically so you are not put in a position where you appear corruptable. I.E if you owe so much money, approach by a tracing company to get info on a particular person etc etc.
    There are usually loads of options available though, the police have loads of schemes in place.
    Speak to your union rep.
    PM me if you need any indepth info on this.
  • notmyrealusername
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    Thanks for all your replies so far...

    I'm not in the union, couldn't justify the extra £'s per month, even if I were my superviser is the union rep and I really don't want him to know as if the news were not good and it meant that I could lose my job then I would have already informed my employers by way of speaking to the union rep/my superviser.

    I will probably have to go for an IVA rather than a DMP, does anybody know for definite whether an IVA is acceptable, bit concerned that milliejon was told an IVA would not be acceptable.

    Thanks again...
  • spud30
    spud30 Posts: 16,872 Forumite
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    Hi Notmyrealusername

    You say you will probably have to go for an IVA rather than a DMP...why?

    Post your SOA before you speak to Payplan tomorrow and someone on here could help.
    Is it better to aim for the stars and hit a tree or aim for a tree and land in its branches :think:
    Loves being a Wonderbra friend :kisses3:
  • MCBIRNIE25
    MCBIRNIE25 Posts: 555 Forumite
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    Hiya,
    i work in the Civil Service to. As far as I am aware, and under employment law, you cannot be dismissed for having an IVA or Bankruptcy.
    The only reasons you can be fairly dismissed for are on:-
    Capability grounds, you're deemed as no longer able to do the job contracted to do.
    Misconduct.
    Redundancy
    Failure to comply with legislation, such as Health and Safety laws.
    All other dismissals are unfair.
    Whilst you have to make it known to your employer, you cannot be dismissed for this reason. It is basic law, you have not breached 1 of the fundamental rights above.
    If you want to take further advice, then check out https://www.acas.org.uk they have a telephone advice line, manned by employee law specialists which is free for anyone to use.It's an 0845 number.
    I am a Civil Servant and have been on an IVA, even had attachments of earnings etc from my salary. Unless you have a very specific piece of guidance on this in your employee handbook, it should be ok.
    Ring the ACAS line for piece of mind, if possible, join your union to, nobody would begrudge you that few quid.It's a necessary insurance.
  • notmyrealusername
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    spud30

    I was thinking IVA over DMP due to the large debts and limited funds left over to put towards them at the end of each month.

    I recently split from my partner and have moved into keyworker rented accomodation which is cheaper than renting privately. I recently started a second job too. Below is my SOA

    421 Rent
    58 Car (0% HP 2 1/2 years left)
    68 Council tax (inc single occupant discount)
    45 Gas & Elec
    25 Water
    36 Sky (a luxury I know but I hardly ever go out so it is my entertainment)
    10 House insurance
    14 TV licence
    20 Broadband (considered going on to Talk Talk which is 20 inc line rental
    12 Line rental (but I dont have the right type of phone line)
    25 Mobile (18 mth contract 12 months remaining inc 200 mins & 150 texts)
    734.00

    These are the expenditures that I have worked out

    120 Food (including packed lunches for work)
    30 Cleaning products and toiletries
    35 Car Ins (paid in full this year but would need to save for next year)
    12 Car tax
    15 Car maintenance (MOT, tyres etc)
    10 Hair cut (once every 2 months - £20)
    40 Entertainment/going out
    25 Clothes
    40 Cat food and litter
    20 Birthdays and Christmas
    10 Dentist
    10 Glasses/Opticians
    8 Prepay prescription cert for 1 year
    20 Emergency fund

    455.00

    734 + 455 = 1189

    Income

    1300 1st job
    150 2nd job
    1450

    1450 - 1189 = 261 remaining

    Now for the scary part - debts!

    6000 Credit card - 130 min payment
    21000 Loan - 385 payment
    5000 Credit card - 160 min payment
    1750 Credit card - 30 min payment
    5000 Credit card - 125 min payment
    2400 Credit card - 40 min payment
    900 Store card - 35 min payment
    800 Overdraft

    These debts have built up over the years as I have used credit cards and loans to supplement my income. I don't think I have led an extravagent lifestyle, I havn't been on holiday since 2002, I don't smoke or drink.

    I will be ringing payplan later today but from the research that I have done I think that an IVA may be the way to go, I'm just terrified that I may lose my job if I enter into an IVA over a DMP.
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