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To not mention the bankruptcy

(35 Posts)
Unsure123456 Sat 21-Jan-17 17:50:59

Ok so a real inner turmoil here! I am applying for a job internally for a company I've worked with for about 10 years. As part of it there is an independent check done and I believe they will ask have i ever been bankrupt. It was more than 6 years ago and doesnt show anywhere now but I am nor sure whether to just wing it and not mention it. I still don't have a great credit score which by itself could probably be overlooked by if i chuck in the bankruptcy too (even though it was years ago) i am not sure i would pass the test. Problem is if i get the job it would be plastered everywhere and everyone would congratulate me BEFORE i would then go through all this internal checking. What shall i do?!

ExplodedCloud Sat 21-Jan-17 17:57:57

Tell them upfront. Don't waste everyone's time, have the job withdrawn and get branded as untrustworthy by lying.

ilovesooty Sat 21-Jan-17 18:00:13

If they ask if you have ever been bankrupt the required answer is yes. Why would it be anything else?

edwinbear Sat 21-Jan-17 18:02:20

Please don't lie, the potential ramifications are huge. If it's a financial services company I have had the same screening and the question is quite specific 'have you ever been bankrupt even if discharged' or words to that effect.

IWantATardis Sat 21-Jan-17 18:07:56

If the bankruptcy might make you fail this independent check, wouldn't it be better to mention it upfront at interview stage? Rather than hope nobody ever finds out and have it hanging over your head?

That way, if it's going to be a deal breaker, you don't have to worry about the job being withdrawn after it's announced. Plus you'd get a chance to explain the circumstances and any mitigating factors.

MsMarvel Sat 21-Jan-17 18:11:02

Don't lie. I know someone who lied in a disclosure check, it was something from a while ago that (I think) was spent, but due to the nature of the job, anything at all ever needed to be disclosed.

He was of course caught out about lying, and despite the fact that the criminal record itself wouldn't have prevented him from getting the job (it wasn't directly relevant but needed to be disclosed), he didn't get the job because he had lied.

Its not worth the risk.

girlelephant Sat 21-Jan-17 18:12:38

Lying about this would be gross misconduct so be honest

SwearyGodmother Sat 21-Jan-17 18:13:07

It could also result in you getting fired years in the future if you don't disclose it now. The information is a matter of public record so it can be found out with a very quick internet search. Don't have it hanging over your head forever.

TuckersBadLuck Sat 21-Jan-17 18:14:25

"If they ask if you have ever been bankrupt the required answer is yes. Why would it be anything else?"

We're often asked "have you ever been convicted of a criminal offence?". The answer to that is 'no' if you have a conviction that's regarded as 'spent' under the Rehabilitation of Offenders Act.

Maybe there's no duty to disclose bankruptcy after a certain time, isn't that why she's asking?

SimplyNigella Sat 21-Jan-17 18:17:13

I think I would speak to HR and let them know the situation so they could advise prior to the interview. You could wing it, but would you always be worried about them finding out somehow?

ilovesooty Sat 21-Jan-17 18:18:56

You would not be asked if you had ever been convicted of a criminal offence unless the role required an enhanced disclosure.

lubeybooby Sat 21-Jan-17 18:19:09

came here to say what TuckersBadLuck just said... there could well be no point or need to mentioning it after a certain amount of time very much a like a spent conviction.

ilovesooty Sat 21-Jan-17 18:23:34

If you lie about it when the question is asked it may be grounds for termination of employment. Why even consider it?

TuckersBadLuck Sat 21-Jan-17 18:27:04

You would not be asked if you had ever been convicted of a criminal offence unless the role required an enhanced disclosure.

Well I have been many times, and I've never been subject to enhanced disclosure.

It may well be best practice for a company to add "other than convictions regarded as spent under the Rehabilitation of Offenders Act 1974" but in the real world it often doesn't happen.

ilovesooty Sat 21-Jan-17 18:30:26

I work in employment advice. Since the law changed I have not seen that question asked for a role not requiring an enhanced disclosure.

Donotpress Sat 21-Jan-17 18:31:16

If you don't disclose when asked it doesn't change the fact that you were bankrupt. It just makes you a liar as well. Tell the truth OP.

ilovesooty Sat 21-Jan-17 18:34:24

Since the OP is already employed by the company it seems very unwise to present herself as a liar.

SantasLittleMonkeyButler Sat 21-Jan-17 18:40:31

What sort of organisation or job is it?

If it is something where a bankruptcy and credit record are considered - is it financial services?

If it definitely IS relevant, then you must not lie. If they have to check, they will check. Having lied about it will just make you look untrustworthy.

It's not something you should have informed your employer of at the time is it?

EweAreHere Sat 21-Jan-17 18:46:38

Be upfront and honest about it.

It's the only way forward, really.

CheeseCakeSunflowers Sat 21-Jan-17 18:48:02

I've just had a look on The London Gazette website where bankruptcies are recorded, they go back much further than 6 years so I think anyone could soon check. If you look here www.thegazette.co.uk/insolvency/ you can see if your name comes up.

ilovesooty Sat 21-Jan-17 18:49:03

Bankruptcy remains on public record for ten years I believe.

VimFuego101 Sat 21-Jan-17 18:49:48

I went bankrupt in 2007, it's still on the London Gazette which is what they will probably search. I wouldn't lie.

Wtfdoipick Sat 21-Jan-17 18:50:27

While a bankruptcy will disappear from your credit file it says on the insolvency register forever. Check the exact wording carefully and assume if it asks 'ever' that they check the register.

IAmALeafOnTheWindWatchHowISoar Sat 21-Jan-17 18:53:33

The rule is if the question says 'have you ever been bankrupt?' you are required to answer yes no matter how long ago you were discharged.

If the the question says 'are you currently bankrupt?' and you are discharged then the answer is no

or 'have you been bankrupt in the last 6 years?' then you answer yes or no depending on the time since you were made bankrupt.

everdene Sat 21-Jan-17 18:55:28

Not directly relevant but my DH has to have an enhanced criminal record check for his job. He and a friend both have a caution for cannabis possession from when they were teenagers.

DH's mate has had a job rescinded (seemingly for lying) after getting the offer, whereas DH always owned up and shown he has learned from it etc. DH's career is now much more high-stakes than his friend's but seemingly the difference is that DH has never covered up that conviction.

They'll find out anyway via enhanced checks so you may as well be honest now and find out whether or not you can take the role you want with a bankruptcy in your past.

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