Bankruptcy and employer costs

Fireandice

Hi all.

Following a question I posted recently, could I ask another ?

I am thinking of going bankrupt, and leaving my job.

I have a contract with a probationary period. There is a clause that if I leave during the probationary period, I have to pay back any employer costs.

I understand the dbs check charge, but I was forced to go on a 12 month course in my own time.

I only get paid and work for 10hrs a week.

When I told the boss I couldnt do it due to massive personal commitments (which is why I took a job doing only 10hrs), the boss got angry and said its mandatory, so despite me still being on probation I was forced to do a course, where the boss claimed for it from funding.

It looks like she claimed about 2,500 for it.

My probation period is about to end, but she is extending it (as my contract allows).

The job is intolerable, and the boss is intimidating and a bully.

My question is:-

If I leave, can I (on becoming bankrupt), add this debt to the bankruptcy?

This is the only reaaon im staying in this awful job, with the worry of the debt, despite being forced onto it.

Any help given will get a thank you in return.

Many thanks.
The scared one.

LincsPaul

Very few debts are not covered by BR. See this list, here:

https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/bankruptcy-explained/debts-that-bankruptcy-covers/

So, providing you did not know that you were going to go bankrupt when you signed your employment contract, any costs arising from it are covered. So it's tough t-tties for your employer (who sounds like an a--e by the way).

However, remember that the fact that your employer has the potential to claw back costs from you if you leave during your probation does not constitute a debt until they formally ask you for money. They'll need to start legal proceedings to really get the ball rolling and this can be expensive. How do you know they will do this? It would be unusual to add something like this to a bankruptcy when it hasn't been 'called in' yet.

And when you say your boss claimed for the course, what do you mean? Claimed from whom? Does your contract specifically state you must attend unpaid training out-of-hours?

Is it not worth getting fired? That way I doubt you'd be responsible for the costs as they would be the ones letting you go. Or go on the sick until they get fed up? If it's causing you stress.. Try not to worry...

National_Debtline

Hi Fireandice


If you were to leave the job and subsequently go bankrupt, you should be able to argue that any resulting debt claimed by the employer is included. Even if a formal demand for repayment has not been issued by the date of your bankruptcy, you should list the employer as a creditor in your application. It's not critical if you don't, but it does make life easier for the Official Receiver handling your bankruptcy as they will contact anyone you have listed, in addition to advertising generally for anyone who thinks they are owed money by you to come forward.


If you did things the other way round - i.e. bankruptcy, then quit job - that might be more of a grey area as the employer may try to argue theirs is a post-bankruptcy debt. It sounds though as if you would leave tomorrow, given half a chance...


Best wishes


Dennis
@natdebtline


EDIT: Cross-posted with LincsPaul.

Fireandice

Thanks so much for your kind words.

The other employees are much younger, and get very upset often.

She claims from a social care budget, and seems to be like a kid in a sweet shop, taking everything she can. All the staff are continually put on courses as soon as one ends. Everyone is scared of her.

If she has to pay, there is no course......but great for free. No-one wants to do the courses......but no course=no job im afraid.

I think an option is to leave, and make token payments to my 2 credit cards.

I can then see if its enforced before I go BR.

I did so well.....I reduced a 55k debt to 29k......but that was before I lost a well paid job that I loved to redundancy.

Thanks so much.