Advice sought!

brittle

Don't know if anyone can help here, my daughter (33 years old, married with 3 children) recently returned to work following being a stay at home Mum. She got the first job she went after in May of this year, as an insurance telesales clerk and liked it. In July her middle child who is severely disabled needed an operation and she asked her employer for unpaid time off to be with her boy. This was granted and as the op didn't go ahead in the end, she returned to work.

A few days later she saw her GP and to cut a long story short was signed off for 2 months with stress and depression.

On her return to work this week, it was pretty obvious that the company were none too pleased about her absence, although it was fully certificated and in a back-to-work interview she was told that as she had not disclosed at her initial interview that she had a CCJ against her, she was facing dismissal!

The reason for the non disclosure was that she had no idea of the CCJ and a little digging has shown that the CCJ was taken out 2 years ago, listing her at an address she left 4 years ago! I should say that she has had to get police intervention in the past regarding the current tenant of this address, as the person used my daughter's details fraudulently to obtain goods from a catalogue company.

She has explained all this to her employer, but to no avail and it seems she going to lose her job. What I'd like to know is, has her employer acted within the law and if they have, why did they not tell her that they'd credit searched her and found this CCJ?
Hope someone can offer a shred of light on this complicated situation...Cheers brittle

McKneff

Not a leg to stand on.

Employers can dismiss you (since April) for any reason or no reason at all within the first 2 years. Unless its for racism, pregnancy etc.

Sorry.


Hope she finds something suitable soon.

dancingfairy

I would assume it's something to do with the FSA requirements, although it doesn't really matter at this point whether it's the companies own policy or a requirement due to the fact she's in the insurance market.
She needs to sort the CCJ issue out. Does she owe the money and they just chased her at an old addres or is it a fraud issue? Whichever she needs to appeal the CCJ on the relevant grounds and get it removed from her files. I also suggest she finds out about CIFAS markers and whether these would help or hinder her. Normally you can use these to password protect people from taking out credit in your name (ie fraudsters wouldn't have the password). I would double check though as if she wants to work in finance she will most probably need a very clean credit file so whether it's best to clean it up as best she can and keep a very close eye on things or whether its best to password protect it I don't know - a difficult one.
All that being said I'm not sure that it's going to help her in the short term. If her employers can't/won't accept that it's a fraud/identity theft issue then I don't know what she can do. Hopefully others will have better suggestions though, what a horrid situation.
df

dancingfairy

P.S I would assume that the employers made her awasre that her position was subject to a satisfactory credit check?
I would get hold of all 3 of her credit records and make sure everything is straightened out as soon as possible.
df

Uncertain

As others have said she has no protection against unfair dismissal (apart from certain discrimination, whistle-blowing etc) for two years. They do not have to give a reason.

The firm must follow any process written into her contract. If they fail to do this she may have a claim for wrongful dismissal but that would, at best, amount to a few days pay.

I cannot say if they have broken any rules with the credit search. If they have then a complaint to the proper authority may get some sanction applied but that doesn't help regarding her dismissal as they do not need a reason.

They must pay her whatever notice her contract specifies (min of a week) and accrued holiday pay. She accrued holiday whilst off sick.

brittle

Thank you everyone, it's good to be able to run this past other people.

My daughter was aware that the position was dependent on having a satisfactory credit rating and she had no reason to doubt hers was good.

The CCJ that has come to light is a fraudulent issue and she has taken steps to appeal and get it removed from her file.

She is absolutely gutted over this matter and I feel so sorry for her, as she was getting herself sorted out and back to normal after being ill.

Thanks again to all, I really do appreciate your input. brittle x