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Posted: Sun Feb 19, 2012 11:54 am
by wuffy
Hi
A question on the job application I have completed asks "Has a court or bankruptcy judgement ever been awarded against you" I answered NO but am now wondering if this is the correct answer !!!!!
Russ
Posted: Sun Feb 19, 2012 12:22 pm
by Broke of London
If a court judgement refers to a CCJ then you have answered correctly. IVAs are lodged with the court but I'm not sure whether they are counted as a court judgement. Hopefully one of our experts can clarify this particular wording! Good luck with the new job and don't let this worry you x
Posted: Sun Feb 19, 2012 12:23 pm
by Foggy
Posted: Sun Feb 19, 2012 12:28 pm
by wuffy
Thanks for the reply......guess i forgot to mention that they offered the job to me, explained they had to do checks and I did explain I have BAD credit, they kept stipulating that all will be fine as long as I do not have a criminal record, any CCJs or been declared bankrupt.
Two weeks after I handed my notice in (yep, handed in my notice as per all my discussions/email/offer letter pending checks) they have, on Friday afetrnoon, told the agency that they have taken the job offer back, not that anyone has told me why......and yes I will call them first thing tomorrow but I need to make sure I have not had a court judgement against me
Posted: Sun Feb 19, 2012 12:36 pm
by Foggy
OK. I assume you do not have a criminal record, you have not been declared bankrupt and an IVA is not a CCJ. So you have responded truthfully on all counts.
Did they offer you the job in writing, or at least formally, and did you formally accept ? If so, it could be argued that you had a contract of employment. See if CAB can get you a free session with an employment lawyer (do you belong to any organisation that offers telephone legal advice ... union, some car recovery firms, sort of thing?)
Posted: Sun Feb 19, 2012 12:41 pm
by wuffy
Yep, had to give three work refs and four personal refs, all came back great and even had them asking me in an email for a start date after they told me that as long as I do not have CCJs or a police record all will be fine...and I do not have any CCJs or a police record
Posted: Sun Feb 19, 2012 12:44 pm
by kallis3
Wuffy - I take you and worriedhalftodeath are either one and the same poster or partners? There are two threads going about the same subject and the IP addresses are the same.
Posted: Sun Feb 19, 2012 12:47 pm
by Foggy
Seems to be a bit of a grey area:
http://www.direct.gov.uk/en/Employment/ ... G_10026703
They would argue that your offer was conditional. However, I would counter argue that the conditions HAD been met and discharged, so the offer could (should) be viewed as an unconditional offer.
Posted: Sun Feb 19, 2012 12:48 pm
by Foggy
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by kallis3
Wuffy - I take you and worriedhalftodeath are either one and the same poster or partners? There are two threads going about the same subject and the IP addresses are the same.
Can they be merged, Jan ?
Posted: Sun Feb 19, 2012 12:50 pm
by worriedhalftodeath
Yes, I'm his wife... sorry.. didn't realise he was posting too! He's been in shock most of the weekend as he got the call late Friday afternoon from the recruitment agency to say the offer had been withdrawn, so I was trying to do a bit of detective work behind the scenes as I think he should speak to the company about this and get their reasons for withdrawal. It can only be because of the credit check and the fact that it didn't tally with what he put on the form. But it does.. it's just that computers give the facts and not the context and in my experience HR depts aren't so hot on the context - if the computer says no, they say no... Problem is he's given in his notice and has two weeks left of paid work.. then that's it. No job, no income and I guess no more IVA...
Posted: Sun Feb 19, 2012 12:53 pm
by kallis3
Just wondered as the threads were so similar!
Posted: Sun Feb 19, 2012 1:05 pm
by Julie
Hi there - you will need to get the definite reason for the withdrawal of the offer. If the offer was made via a recruitment agency, contact them ASAP.
If the offer was subject to conditions and you have not satisfied these, then they are within their rights to withdraw the offer. However,on saying that, if the withdrawal is due to the IVA, you maybe able to speak to the company and argue your case.
Is there an option to retract the resignation from the current employer?
If you need any off forum HR advice, please let me know.
Posted: Sun Feb 19, 2012 1:10 pm
by Foggy
His current employers seem to have given a glowing reference, maybe they will jump at the chance to keep him --- might need the swallowing of a bit of humble pie though.
Stay calm and gather all the relevant facts when talking to the "new" company. Try not to get argumentative or get ahead of yourself.
Posted: Sun Feb 19, 2012 1:14 pm
by Foggy
Julie. It was a conditional offer, the conditions being that he didn't have CCJs or a criminal record. He has met and discharged those conditions. Can the offer therefore be construed as unconditional and therefore a contract of employment will then exist?
Posted: Sun Feb 19, 2012 1:17 pm
by kallis3
I have offered to put wuffy and worriedhalftodeath in touch with Julie off forum so they can try and sort this out.