Attachment of earnings and job loss

[shelluk]

Basically we had gotten behind with the council tax, but just managed to pay this off, or so we thought. It seems there was still some owed. My husband has just received an attachment of earnings order and this has also been sent to his place of work. He works in a standard manufactoring place with no financial involvement. After his employer received this notice he has been given 2 weeks notice to find other employment before they let him go. Reason : They do not want their company name to be associated with such court orders. Are they in their legal right to do this?

[daffy654]

My fiance works in a bank and has had the same attachment of earnings for council tax.He wasn't sacked or even reprimanded. He is in fact being considered for promotion. I think your husband's employers are overreacting.I have no idea whether their actions are within the law though.

[moomintroll1]

We deal with these attachments all the time in our payroll office. There is no stigma for the company at all. In fact, we have found that the council is grateful for the company's cooperation in collecting the payments (although it is a legal requirement to comply with the order so we've no choice really).

It certainly doesn't appear to be fair treatment, but I couldn't say whether it's actually illegal.

[Hymie]

Until you have been employed for a year (in the UK) � your employer can dismiss you for any reason (no reason), and you cannot take them to an industrial tribunal. The only exception to this is if the dismissal is on grounds on sex discrimination. So if your hubby has not been employed by the firm for a year � tuff luck.

If he has been there over a year � I would definitely think he would have a claim for un-fair dismissal. Seek advice from your local Citizens Advice Bureau ASAP.

[shelluk]

yeah he has been with them 6 years and only just got promotion a few months back and pay rise at his yearly appraisal just three weeks ago. Now they have turned around and said this

[Hymie]

Your hubby should have a copy of his terms & conditions of employment. Most employment terms only permit instant dismissal for acts of gross misconduct. In the end, a tribunal would end up deciding whether having an earnings attachment constituted gross misconduct (or sufficient grounds for dismissal based on his employment terms), which I doubt.

If I were your hubby, besides seeking redress (which could include the company having to re-employ him and compensate him) � I would start looking for another job. I would not want to work for such an outfit.

[themas]

This is an outrageous reaction by the employer. He certainly should have a good case for unfair dismissal. Go to CAB for advice, & he may need a good employment lawyer to make sure he gets the best possible compensation. He also must appeal against the dismissal decision - he has to do this before going to a Tribunal. Perhaps at a more senior level in the company sense will prevail!

[Hymie]

Although my posts are broadly in line with those of themas � if this happened to me, at the company I work for, I would certainly seek a meeting with the head of personnel to discuss my dismissal.

If sense did not prevail, I would advise the company, verbally and in writing that they were looking at an unfair dismissal case.

Personally, I would not like to be the head of HR [Personnel] of your hubby�s employers � my employers would soon conclude that I am incompetent (not knowing what the employment rights of the employees are).