Do you really have to inform your new employer about your bankruptcy?

Nevermore

My partner just started a new job (nothing to do with finance) and was asked to fill in some forms the first day, where there was also the question "Have you ever been declared bankrupt". He said No. Do they really have the right to ask this? Can they easily find out and would they even do a search if someone said No? He was declared bankrupt in May this year.

wherediditallgo

Yes, not only do they have the right to ask, but if you're asked the question you have to be honest. There are some fields where the nature of the work means you could be asked the question. Finance is one area, the law is another - for instance, I remember a friend who wanted to apply to become a PCSO telling me that the application guidance notes say applications won't be considered from undischarged BRs.

If he's BR & has said "no" when he should have said "yes", it could go against him at a later date. He could either speak to the HR department in confidence as soon as possible, & say something like he misunderstood the question, or he can just hope that they don't check. Anyone can check the Insolvency Register, & if they check what he's said & find out he's lied, he could be putting the job at risk. Me personally, I'd speak up now rather than have them find out later as they might think the information was deliberately withheld, but then I'm not one of life's risk-takers, which explains why I'll never be seriously rich.

stubie

and 2 years into your new job, you go BR, do you tell them?

scootw1

I didn't. It wasn't in the contract, they have never asked so i never told them. Need to know basis with me and they didn't need to know

wherediditallgo

scootw1 wrote: »

I didn't. It wasn't in the contract, they have never asked so i never told them. Need to know basis with me and they didn't need to know

Totally agree. If my employer doesn't need to know, I don't need to tell them.

wherediditallgo

stubie wrote: »

and 2 years into your new job, you go BR, do you tell them?

Your contract may well have different information from that contained in your Terms & Conditions. If you are asked if you have ever been BR, you have to say "yes" if you have been, regardless of how much time has passed. I suspect that the more time that has passed, the less impact it will have on your application. If however you were BR ten years ago, & you apply for a job where you're asked "Have you been BR in the last 5 years?", you can legitimately say "No" without elaborating further. If your Terms & Conditions state that you must tell your employer if you are or become BR after starting employment with them, then you should do so. In saying that, industries that usually ask this sort of question usually have a union or federation to represent the staff, so speak to them first, & get advice on how to approach the matter, what sort of response you'll get etc.

If your employer has made it clear in your contract or Terms & Conditions that they want to know if you are BR or become BR during the course of your employ, & you say nothing, not only do you put your employment at risk if they find out, you also put any benefits accrued during your employment at risk too, since they might argue that they would not have allowed you to continue doing the same work or working in the same department had you not breached your contract. That's not to say they'll sack you, but they might argue that you deliberately withheld the info & benefited as a result, something they may want to do something about.

rog2

stubie wrote: »

and 2 years into your new job, you go BR, do you tell them?

Only if asked the direct question, or if it is in your contract that you disclose any details of bankruptcy during service.

stubie

Luckly my contract was written on two pieces of bog roll (well, not quite) and it mentions nothing about BR. I will just shut up until asked and then claim it must be identity theft

Thanks