Hi all,

If I were to declare myself bankrupt but first transferred my share of the mortgage to a family member or my parter, am I right in thinking that my home would be safe?

Might be a newb question but I dont want to be made to sell it!! There is no equity in it anyway

Hmm, that one is a tricky one, we are struggling but not to the point that we are going to fail with the mortgage etc... I will have to do some research on the crisis loan

Unfortunately not

Thanks rebel, a good idea! I need to pop into the local branch to change my address today (so all the harrassment comes my way and not to parents) so will ask there

Hi Guys,

After paying my bills religiously all my life and starting to see light at the end of the tunnel, I have now lost my job. Been out of work six weeks and used my meagre savings to pay last months bills!

Spoken to CCC who have given me all the templates etc to send to creditors to offer a £1 token payment until I find work.

Now, this is easy for my credit cards, but more trickey for my loan as its paid by DD. I am sending my letters today but the CCC say to make the first payment on your proposed date and not wait to hear back from the creditors (who will more than likely say no in the first instance) so I kind of need an account no to make the £1 payment to. Any ideas guys?

Hi Scooby

 

Yes and no.... your employer technically can advertise for your job role, although it probably isn't the smartest idea to do so!

 

Usually I would only say that finding your own job role advertised would give rise to a claim for constructive dismissal... however you aren't in employment with the company anymore, and couldn't therefore bring this claim in any event.

 

In law, the dismissal has already occurred, therefore they are entitled to re-advertise for your role. Clearly, however, if they were interviewing for your job and hired someone before you had exhausted the appeal process, this would look like the company had reached a foregone conclusion about your dismissal (although, this could be a sticky wicket from your point of view, as generally the appeal stage is less important than the dismissal stage itself to an ET as it is merely an affirmation of the original decision).

 

Therefore, providing they didn't advertise for your job role PRIOR to dismissing you, it is possible they may indeed be acting fairly (albeit perhaps not morally). I would certainly say argue to say the process was flawed in this regard, however.

Hiya, thanks for the advice. Very informative. I feared that would be the case. I will bring it up at the first stage appeal though.

Hi honeybee, thats a good idea.I tried to post a link and it wont let me until I get to ten posts.

Hi, thanks for the reply.

It is definately my job, a real kick in the teeth agian from them

The emplyer sent me a letter after my dismissal to explain. They summised what I did as gross misconduct.

I lodged an appeal straight away so I am somewhat aggrieved to see the job being advertised before they have heard it!!

As above really guys,

Just seen my old job on thier site and I have not even had my 1st stage appeal yet:x

A 'reasonable' period....

 

This would depend on circumstances, the need to interview others, for a more senior (or alternative) manager to review the case, holiday arrangements for the person hearing the appeal - it depends.

 

Is there anything in teh contract which states that appeals will be heard within X days or weeks?

Nope, I dont think so

Thats a shame, I know by thier very nature they will keep me waiting as long as they can!

As above really guys,

being kept dangling even more by my former employers!!!

There you go, that is a much more positive spin on it, just bang on that they are coming up to their busiest period and you would at least like to see them through it, if they are not happy with your performance by the new year then you will understand if they want to let you go, but for all it's worth, you have been their for 6 years, you are current and have knowledge the company needs to see it have a successful Christmas period, it was an oversight on your part as the other department had also failed to follow normal procedure and the operative who offered the document to you to sign was under time pressure as they were on their way home.

 

In future you will not sign documents this way until you have had sight of the product and the correct procedure has been followed, please with a cherry on the top!

Lol, I like it!!

I just dont think what I did can amount to gross misconduct without me being trained to carry out the procedure, the logic doesnt stack up!

In my honest opinion having been in a managerial role myself whilst it does go on that corners are cut, to openly admit that you knew of other regular occurrences will do you no favours at all, they will simply conclude that you were not fit to manage if you could see things going wrong and did nothing to correct them.

 

I think your first and second para hold more weight, mention the previous circumstance where the employee was kept on, and that their appears that there is no continuity with the discipline procedure.

 

Is the company looking at cutting it's staff anyway? Have they opted to give you the chop rather than pay you off??

Sounds good to me on the basis of appealing the decision. Not so sure about the reasoning on the first one re cctv proving others do it too as their errors are not your errors... but showing a inconsistency of approach is good.

Thanks for that, probably a good shout re: the first point!

Company is looking to save costs elsewhere but the managment team is vastly understaffed as it is, my dept pretty much crashed whilst I was suspended and we are two months from Xmas our busiest period. It makes no sense.

We do howwever have a new youung boss who has inherited some crap from the last boss, I know he has been warned about his own job saftey and think he is trying to be billy big balls by doing this and show everyone he means business!

Hi Guys,

Just stumbled upon this place. Some advice if you could please? I have just been sacked from a managerial post after six years service for gross misconduct. Basically, I signed a form as a counter signitory to say I had checked something when I hadnt!

I have not been a saint and have had first and final warnings before but these were years ago and my conduct had been exemplary since. I have been working my arse off for this company who continue to understaff the branch, I had been working double shifts and back to back 6 day weeks so I am dissapointed to say the least!

I want to challege the decision but not sure if I have a case. My reasons I have stated on my letter which I am holding off sending are below:

There are other members of the team who are guilty of the exact offence as CCTV will prove.

There was an recently an instance of a check form being signed by another employee when no physical check had taken place, this was also deemed “falsifying a company document” but the employee remained in post. I was not on any form of warning for this or any other incident. This shows clear inconsistency when reaching the decision to terminate my contract.

I was not trained to carry out a physical check required. Whilst I agree I did compile the same check for another department on a weekly basis, I had been trained to do so by the Risk Manager. The two processes are completely different. If this is a “business critical procedure” adequate training should have been provided for myself and other staff.

The document should not have been brought out of the department by the stand in supervisor. Contact should have been made via the phone and a request for me to attend the department should have been made as with the weekly check in the other department. I was put under pressure to sign this as the department operative was “on his way home” and brought this up to me.

There is indication on the previous audit in March that this has happened before, the audit was passed and no one was disciplined at the time for similar issues

What do you guys think?