Hello wallswa and welcome to the forum.

I'd suggest that you read your contract of employment to see if there are any clauses that specifically relate to this type of situation. Normally your employer would find it hard to take action fairly in this scenario unless your contract specifies this as an area of concern.

Whether or not it has been specified as an area in your contract may depend on the nature of the work that your exact job entails.

If you are a member of a Trade Union I would also suggest speaking with them. The experience of previous clients who have done this is that they find out that in fact this situation has arisen many times previously and the employer is in fact quite understanding.

Finally I'm sure Kevin and Mark will have helped many bank employees in the past and I'll be interested to see their comments on how you might proceed from here.

I have indeed helped several bank workers and have never had a problem with one of them losing their job over signing a Trust deed. However, I always advise them to check with their manager beforehand as there is no guarantee that they wouldn't have an issue with it. I think being upfront is the only safe way. Contacting your trade union is a very good suggestion too.

Thanks for your help not in a trade union ,I have contacted hr dept quite a few times they keep refering me to my line manager whom I have left messages for and he has not returned my calls I have been off for two years and not sure if he is still my line manager.I asked HR dept and they gave me my old Branch Manager as my line manager and I have had two since then.I feel really frustrated want to get things sorted before it gets any worse.

wallswa

Have you had chance as yet wallswa to check your contract of employment to see if there is anything to do with trust deeds, insolvency or debt in there?

Hi there can not see anything mentioned about trust deeds although after speaking to a lifematters counselor who is attached to the group that entering a trust deed may lead to dismissal can't seem to get a definite answer from anyone.

wallswa

Is there any comment about insolvency, bankruptcy or sequestration in the contract wallswa?

The issue here seems to relate to your contract of employment...it's the contract which determines what action your employer could take.

Some employment lawyers will provide a free 30 minute consultation which might give you some reassurance. Another option might be to speak to the Citizens Advice Bureau about the employment implications for you of a Trust Deed. Either would probably want to see your contract.

Had a brief conversation with my line manager who advised me not to go ahead with a Trust Deed as it comes under gross misconduct and I can be dismissed,feel this is very unfair as I have not been working for over 2 yrs and there are other profession's that you can still work in with a Trust Deed.I have been trying to get by and that's why I've ended up in debt and would like to find someway of sorting things.

wallswa

Sorry to hear that wallswa. Not very helpful of them is it?

However, just because you CAN be dismissed, doesn't mean that they HAVE to. If you formally request permission from your employer I suspect that you might find that they give you the ok after all - maybe it is worth pushing this a bit further with them if a Trust Deed is the best solution for you?

Hi Kevin Thanks for yiur reply I have requested a meeting this week with my line manager to further discuss this.

wallswa

Good luck wallswa. Let us know how you get on.

Will do ,meeting tomorrow I have to go in and tell them what I have done who I have contacted regarding this and show my income and expenditure

wallswa

Hi Just to update had meeting and had to sit and go through everything medical that has happened since I've been off who I've seen what consultants what operations I've had what I still have to have Then Had to sit and explain my debt how I've got into debt what I've used the money for felt a bit like a criminal when all that's happened is I had a Baby who as any parent will know cost's a lot of money (worth every penny I may add )Bought a bigger car,cot,pram etc,etc.unfortunately I have been unable to return to work as planned due to illness,trying to keep going not missed any payments but at breaking point need to take action so now I have to wait until this is passed to HR (who would not speak to me)as although I am not working at the moment I am still an employee of the Group and it it classed as Gross Misconduct.Apologies for rattling on bit you can probably guess I'm very frustrated.

wallswa

Sorry to hear of your problems, and the humiliation of having to 'explain' your debt. TO A BANK! [:(!] Gross misconduct indeed!

Oh the irony !

Keep your chin up

Hi wallswa,

Apologies if you have looked into this already but it still may be worth trying to get some advice from an employment expert.

It might be difficult for an employer to claim that this would be gross misconduct unless this is made clear in your contract or company handbook for example.

I know you mentioned you are not a union member before but would it be possible to join a union that is recognised in your workplace? From previous experience I'm sure that this is a situation they will have had to deal with previously and there may be examples of others who have been allowed to do a Trust Deed or something similar which would make it very difficult for them to treat you differently (especially given your health difficulties). For example we recently worked with a bank worker who was allowed to go bankrupt once the union had spoken with the employer even though there were potential contractual issues.