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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To not mention the bankruptcy

34 replies

Unsure123456 · 21/01/2017 17:50

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?!

OP posts:

ExplodedCloud · 21/01/2017 17:57

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 Don't waste everyone's time, have the job withdrawn and get branded as untrustworthy by lying.

ilovesooty · 21/01/2017 18:00

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

edwinbear · 21/01/2017 18:02

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 · 21/01/2017 18:07

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That way, if it's going to be a deal breaker, you don't have to worry about the job being withdrawn after it's announced.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 · 21/01/2017 18:11

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 · 21/01/2017 18:12

Lying about this would be gross misconduct so be honest

User543212345 · 21/01/2017 18:13

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 · 21/01/2017 18:14

"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 · 21/01/2017 18:17

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 · 21/01/2017 18:18

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

lubeybooby · 21/01/2017 18:19

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 · 21/01/2017 18:23

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

TuckersBadLuck · 21/01/2017 18:27

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 · 21/01/2017 18:30

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 · 21/01/2017 18:31

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 · 21/01/2017 18:34

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

SantasLittleMonkeyButler · 21/01/2017 18:40

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 · 21/01/2017 18:46

Be upfront and honest about it.

It's the only way forward, really.

CheeseCakeSunflowers · 21/01/2017 18:48

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 · 21/01/2017 18:49

Bankruptcy remains on public record for ten years I believe.

VimFuego101 · 21/01/2017 18:49

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

Wtfdoipick · 21/01/2017 18:50

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 · 21/01/2017 18:53

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 · 21/01/2017 18:55

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.

IAmALeafOnTheWindWatchHowISoar · 21/01/2017 18:56

Wtfdopick, no it doesn't stay on the insolvency service register for ever, the public record of it is removed three months after you are discharged. However it is recorded in the London Gazette for time immemorial.

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