Fit & proper test

Always_Happy

Hiya

I have recently been told I have to complete a fit & proper persons form at work. On the form i need to declare im not a bankrupt no criminal record and no arrangements with creditors. I have been working for them for nearly 7 years. The form is compulsory so I can't refuse to sign it. It also requires a credit check and will be done annually. I have no criminal record and I'm not bankrupt but I am in arrangements with creditors. This means I'll fail the fit & proper test which in turn will mean I'll lose my job. Can they legally make me sign this form and do a credit check?
Seems so unfair when you've worked hard for the same company and now your honesty and integrity is going to be based on your personal financial circumstances. Just because I'm in debt it doesn't make me dishonest or likely to steal.

Any advice will be much appreciated

sangie595

No they can't make you sign. But they'll then sack you anyway. My best advice is to go see your manager and tell them. Being in debt doesn't automatically mean you will be dismissed, but the view is that it could make you vulnerable to pressures. If you are upfront and honesty, that, along with your record, is likely to be taken into account. You may as well - you have nothing to lose by telling your manager and everything to gain.

Always_Happy

So they can sack me for refusing to sign? �� would they need to give me notice?

sangie595

Can't say. It could be considered gross misconduct. What else are you hiding? Because a bit of debt can be explained, and getting sacked for refusing to agree is irrational. There is nothing to lose in explaining a debt to your manager - so there appears to be something else you don't want them to know?

ACG

Are you sure they could sack him for not signing it?
I would get some advice from an employment solicitor.

Carrot007

ACG wrote: »

Are you sure they could sack him for not signing it?
I would get some advice from an employment solicitor.

If he did not sign it they would be forced to assume he has something to hide. So yes they would sack him.

The only sane option is to be upfront about it. Tell them before they find out and hope if it is just arrangements/DMP they could appriciate the honesty and use that to belive you would be honest in your job and not a problem.

Withholding things never works out.

And even if they do let you go by being honest you are likely to get a good reference.

sangie595

ACG wrote: »

Are you sure they could sack him for not signing it?
I would get some advice from an employment solicitor.

It has been made a condition of his employment. Conditions change, and in itself this is not unreasonable. So yes, I am sure they can sack him for refusing. On the other hand, it may actually be quite hard to sack him for agreeing if the information turned up is not relevant to his employment. One way he gets sacked with no chance - the other he might not get sacked at all, but if he did he might have a chance. I know which I would pick.

Always_Happy

No im not hiding anything. I just feel after working somewhere for such a long time it's insulting that my personal finances are going to be used to continue my employment. Not only that, admitting my debt is embarrassing and not something I want people knowing.
Looks like either way I'll have no job!

Carrot007

Always_Happy wrote: »

Not only that, admitting my debt is embarrassing

Possibly. However it is also empowering and shows you are dealing with it and are unlikely to do it again. All things your employer would love to hear.

aife

Always_Happy wrote: »

No im not hiding anything. I just feel after working somewhere for such a long time it's insulting that my personal finances are going to be used to continue my employment. Not only that, admitting my debt is embarrassing and not something I want people knowing.
Looks like either way I'll have no job!

I believe this is fairly standard practice for jobs in the judiciary or financial sector - are you in this type of role ?
Either way it does seem odd for them to suddenly ask this after seven years. Has your role changed recently ?
If you're not working in one of these sectors it seems very intrusive , might be an argument for breach of privacy ?
I'm assuming you don't have a union since you haven't mentioned one . Unfortunately think this might be another one of those 'not fair but not much you can do about it' cases

Always_Happy

I work in the finance dept for a manufacturing company. I have been in the same role since I started. I think it's an invasion of my privacy too. No we don't have a union.