IVA classes as gross misconduct

CazH_2

Hi

I have been offered a new job and whilst going through the terms and conditions it states that gross misconduct includes:

• becoming bankrupt or compounding with creditors

I entered into an IVA in 2009 which would count as compounding with creditors and I think they will do a search on this.

My question is, would they be able to withdraw their offer if they discover/I declare my IVA as I have already entered into it prior to becoming an employee of their company.

I just wanted to get some opinions before I broach the subject with the HR dept.

Thanks.

guesswho2000

CazH wrote: »

Hi

I have been offered a new job and whilst going through the terms and conditions it states that gross misconduct includes:

• becoming bankrupt or compounding with creditors

I entered into an IVA in 2009 which would count as compounding with creditors and I think they will do a search on this.

My question is, would they be able to withdraw their offer if they discover/I declare my IVA as I have already entered into it prior to becoming an employee of their company.

I just wanted to get some opinions before I broach the subject with the HR dept.

Thanks.

Probably, yes. It's not an uncommon term in jobs where you work with money or are in a position of trust; Police Officers won't be accepted if they have CCJs for example.

StuC75

If a search by them is likely to uncover this, then being open in the first place has to be the best policy..

Better that you and they know upfront. has there been any kind of Declaration that you have completed as part of the recruitment?

Otherwise the real worse case scenario is that they find out further down the line...

CazH_2

I don't remember having to declare it on my application but I do need to give consent for them to conduct searches. I think I know their answer - I just don't want to hear it as I really want the job!

Max_Maxwell

Does it state anywhere that you mustn't be insolvent or bankrupt at the time of taking up employment? Strikes me as odd that the T&Cs relate only to becoming insolvent or bankrupt whilst in employ.

Not suggesting you should wing it on a technicality but recommend studying the T&Cs carefully to see if the condition applies to both present and future.

ClaireWilko

Hmm, quite a dilemma you have!

How obvious did they make it that they were going to do a credit search? I mean, did they tell you verbally, or was it hidden in the small print?

If they made it clear you will be searched, i'd be honest with them. Make it clear that your finances are under control, and despite being insolvent, you are on the way to being debt free.

Now it could be the policy is black and white.

But i'd take the honesty is the best policy route!

headstuckinsand

I'd have a frank discussion with them before you confirm your acceptance of the offer.

Think of it this way, if you tell them they may withdraw the offer in which case you haven't really lost anything that you didn't yet have. The alternative which I wouldn't recommend is that you don't tell them and then you're risking them finding out after you've got the job and getting fired for gross misconduct. This would then follow you around like a bad smell for all future applications when you're asked for references.