RBS just sacked me for not telling them my debt with their group was unmanageable...

GoingForward2008

After working for 6 years for the RBS Group, I have had to declare myself bankrupt.

It has been a difficult task, especially since the CCCS advised not to tell my creditors that I had considered bankruptcy. After completing the CCCS Debt Remedy service online and discussing the results with both them and the CAB, I understood that the right thing to do was declare myself bankrupt.

They dismissed me, even though I was in a clerical, non-advisory role in a back office. They said that it wouldn't be right to employ a bankrupt that owed the RBS Group so much - even though other bankrupts are still employed by them...

My "disciplinay meeting" was administered by a representative from HR. The case was built against me after I told my line manager that I had no other choice. Interestingly, their policy specifies that CCJs may not lead to dismissal (even though large debt is seen as a potential fraud risk... the policy also states that CCJs, large debts including personal loans and mortages (should be declared to your line manager... I wonder how many times that happen?) so that they can help/advise you. Sack you?

Needless to say, they sacked me. They also told me that my final salary (minus any holiday) would be paid to me to the account that I had my salary paid to (this is an RBS staff account that on 31 Jan 2008, I received notification that they would default in 28 days - if they had not received payment by the 18th February (?)- pay day - they would close and default it any way).

The Official Receiver have indicated that RBS are not within their rights to withold any monies due to me after the bankruptcy date. However, the HR Rep explained that my salary would reduce the amount owed even though she knew the date of my bankruptcy.

I will keep you posted...

tight_jock

Hi and welcome.

Couple of questions.
Are you already bankrupt?
Are you aware of any terms of employment which state that you can be fired for bankruptcy?
Are you in the union?
Do you have right of appeal?

If you are already bankrupt it is illegal for RBS to take ANY money from an account as the OR is responsible for allocating funds without preference to ALL your creditors.

tight_jock

Another couple of q`s.

Have you checked your company policies in respect of disciplinary procedure? Have they complied with those procedures? Does it state that instant dismissal will occur in the case of BR?

If they have not followed their own procedures then you may have a good case against them. Any compensation payment you may receive may be safe from the OR too.

GoingForward2008

Yes, I am now bankrupt,
No terms of employment, just terms and conditions on the internal intranet, however, they are phrased as "it may be deemed a gross dismissal",
Was in the Union, but missed 3 payment dues just prior to bankrupcty in favour of essential bills,
14 days to appeal... was last Tuesday (12.02.08) when I was dismissed... no letter of confirmation yet.

I told the OR, and they were very unhappy, but said that they would write to RBS. RBS seem to think that employment overrides the law eg. they can repay my debt with the salary as they do not allow salary to go to other non RBS accounts - even though it is possible.

tight_jock

GoingForward2008 wrote: »

Yes, I am now bankrupt,
No terms of employment, just terms and conditions on the internal intranet, however, they are phrased as "it may be deemed a gross dismissal",
Somewhere they must have a terms of employment or contract with you specifically which may refer to other conditions. If you never had a contract then you may be in a stronger position as you will not have signed any rights away - if that makes sense.
Was in the Union, but missed 3 payment dues just prior to bankrupcty in favour of essential bills,
Were you up to date for a decent amount of time previous with your dues? It may be worth a call to them
14 days to appeal... was last Tuesday (12.02.08) when I was dismissed... no letter of confirmation yet.
Check whether that is 14 days to appeal or 14 days to register intent to appeal

I told the OR, and they were very unhappy, but said that they would write to RBS. RBS seem to think that employment overrides the law eg. they can repay my debt with the salary as they do not allow salary to go to other non RBS accounts - even though it is possible.
Under no circumstances are RBS permitted to take this money without breaking the law. It will be classed as preferential treatment of a creditor and is totally illegal. Your HR are talking horse !!!!!!

If you get no joy from your union, I suggest you get on to your local CAB or if you have one a local employment rights centre first thing in the morning. You will find a number in your yellow pages if there is one. Depending on the advice you get, will plot a way forward.
If you have not signed a contract then you have maximum protection in law as you have not signed anything away.
Good luck
:beer:
TJ

GoingForward2008

tight_jock wrote: »

Another couple of q`s.

Have you checked your company policies in respect of disciplinary procedure? Have they complied with those procedures? Does it state that instant dismissal will occur in the case of BR?

If they have not followed their own procedures then you may have a good case against them. Any compensation payment you may receive may be safe from the OR too.

Thanks for replying.

It says that Bankruptcy "may likely lead to dismissal", however, they always conduct a disciplinary meeting first. They may still may employ bankrupts following that meeting.

I no longer have access to the RBS Intranet to investigate further T&Cs. It is not written in my contract though.

tight_jock

GoingForward2008 wrote: »

Thanks for replying.

It says that Bankruptcy "may likely lead to dismissal", however, they always conduct a disciplinary meeting first. They may still may employ bankrupts following that meeting.

I no longer have access to the RBS Intranet to investigate further T&Cs. It is not written in my contract though.

Probably best to get in touch with Cab or employment rights then if you can.

GoingForward2008

I'll talk to CAB and ring the Union in morning. Thank you, I will let you know how I get on.

tight_jock

GoingForward2008 wrote: »

I'll talk to CAB and ring the Union in morning. Thank you, I will let you know how I get on.

The best of luck . Please do let us know how you get on.

One other thing, I think your 14 days has to start from the date of your official notification .ie the date of a letter confirming your dismissal.
:beer:
TJ

dancingfairy

Hugs. I know you will find a way forward. With or without them. I'm afraid I can't help with the legal side but I'm sure you'll find loads of help and support on here. Bankruptcy is a big step and despite the whole thing with RBS I hope life begins to go in the right direction for you soon and your financial pressures ease.

GoingForward2008

dancingfairy wrote: »

Hugs. I know you will find a way forward. With or without them. I'm afraid I can't help with the legal side but I'm sure you'll find loads of help and support on here. Bankruptcy is a big step and despite the whole thing with RBS I hope life begins to go in the right direction for you soon and your financial pressures ease.

Thank you! Bankruptcy was the ONLY thing that I could do. I hope that more people have the courage to to the right thing. Sometimes, there isn't another viable option, no matter who you are are or what you do for a living. Ironocally, my vocation in life is illustration, not banking. I guess that I will have to find a new start.