Hi girl10.

It sounds like his employer are being very unreasonable. I haven't heard about any new FSA rule (that doesn't mean there hasn't been one).

The FSA has always laid down principles but often firms interpret them in different ways. Perhaps his employer has changed their own interpretation?

It also sounds as though he'd be in a pretty strong position to defend his continued employment.

Has he got access to union assistance? If not it might be time to consult with an employment solicitor.

Hi girl10,

Welcome to the site.

Firngers crossed one of the experts can help answer this one for you soon.

What industry is it that your husband works within as that may be helpfull to know (Banking, Lending, etc).

Did he get anything in writing from his employer at the time of entering the trust deed confirming he would not be afected?

Personaly I would persue all avenues first with his employer about keeping his role. If this fails to yield any results then citizens advice may be a good next step to find out if you have any legal options.

He works for a large insurance company as a facilities assistant, so not even dealing with finances but the company are fsa regulated
He isn't part of a union but I am part of one, no we didn't get anything in writing from his employer just took there word for it.
They ave asked for paperwork proving his trust deed is due to end, I'm worried sick 🙁

We really aren't qualified to advise on employment rights, girl10, but hopefully they will be satisfied that the trust deed is due to be paid off very soon anyway.

Presumably they did a credit check too? - I'm pretty sure a trust deed would not show on a Disclosure Scotland check.

Girl10

I would refer to his terms of contract of employment first and any amendments to this. If the employer can get confirmation that the Trust deed is being brought to an end in the near future at the instigation of your husband then hopefully this will also stand him in good stead with his employers. If they continue to threaten dismissal notwithstanding the closure of the Trust Deed, and on confirmation of the terms of his contract of employment then ultimately, I would imagine this is something any half decent employment lawyer would relish to challenge!

Not all is lost, hopefully the 14 days will conclude with no creditor objection and this in turn satisfies the employer.

Keep us posted.

Trust Deeds do not show up on disclosure check (at least mine did not!) so it sounds like they did a credit check as well

Yes, I would back that up as well, as I changed jobs a couple of times during my Trust deed which called for a Disclosure Scotland check. Neither time did anything regarding the Trust Deed came up.

Hi girl10,

It seems very harsh

Did the company do a credit check out of the blue? or was he applying for another internal position?

Also, if the role is not fsa regulated, and he is not dealing with client money, I fail to understand why the company is saying he can't keep his job.

A large insurance company would have a written policy in place for these scenarios, which would be available from HR. Was he told by immediate manager or suitable HR staff?

Do you care to share the name of the company?

Hi, the company do a disclosure and a credit check every year, they have taken him in again today and said to him because of his role as maintance he has access to all of the building and could access credit card details or steal from the company because he is in debt.
I can not believe an actual boss would say this to a member of staff because they are in a trust deed, HR were also there.
he took a copy of the letter in saying it will be closed down with 14 days as the payment has been accepted and they said that wasn't the issue. The issues is that he was in a trust deed and could have been stealing from the company and told him they didn't know what they were going to do and this wasn't finished.

You mention that he spoke to them before entering the trust deed and was told that it would not be a problem, girl10. Whilst I don't know the law in this area, surely there would be an argument could be made in a tribunal if they then went back on this.

Did he have anything in writing at the time? Are they denying that he spoke to anybody back then?

I think he should definitely speak to a lawyer, or maybe CAB employment specialist.

What a horrible situation to be put into. It seems very heavy handed and smarts of someone trying to make a decision bases on something they have no clue about hence why HR was there. It is also unreasonable to have this hanging over him with no time scales for a resolve.

Was this an investigatory meeting or an actual disciplinary meeting? If it was a disciplinary it is a legal right to be offered to take representation with you and this should have been offered. The employer did this by taking HR in with him. I would be asking for a transcript of the meeting (meeting minutes) to give you evidence of the conversation etc.

Personally I would be speaking to a work specialist lawyer. The first meeting will be free with most firms and they will be able to tell you what the legal options are.

Good luck with this all.