My son was given a verbal offer of employment with a building society. At this point they asked if they could do a credit reference. He explained that he had an ongoing issue with an ex partner and the bank. They assured him that if there was a problem they would get back in touch. One week later he received a written offer and contract asking him to start work on the 12th October. He then preceeded to contact his about being succcessful in gaining employment and came to an arrangement to pay monies he owed.
On Thursday 9th October the building society got in touch with him to say they could no longer honour the offer. He asked why and they said to do with the CCJ logged against him. He tried to plead but to no avail.
How does this hinder him in doing his job, he's not got a criminal record for fraud, theft, mishandling of money.
Could you please let me know your views as a concerned parent and HR professional. I believe they are in breach of the contract.
Patricia Hiley
3 Responses
Offer
The issue here in law is whether the offer was conditional or unconditional.
If it was an unconditional offer then there may be a breach. If conditional then less likely to be a breach, but again will depend on an inspection of the documentation.
I would point out that in financial service institutions it is VERY usual for there to be financial conditions applied to contracts and offers. Most positions require clear if not exemplary credit records.
If you would like to discuss this further please phone me on 0870 240 4325
http://www.limeone.com
Declarations
I agree with Robert, the Financial Services Authority places many constraints on finacial employers.
It is normal for financial services application forms to include declarations stating whether the applicant has any CCJ’s/bad credit history for this very reason. Most offers are subject to subsequent satisfactory credit checks which usually take some time to investigate and need the applicants permission.
FSA regulations
The FSA imposes a requirement on Financial Institutions to apply a ‘fit and proper’ test to potential employees in certain roles. One of the three criteria is the requirement that the employee is financially sound – and so CCJs are taken into account in determining suitability for employment.
The purpose of the ‘fit and proper’ test is to reduce risk and protect the customer. It usually only applies to people in certain ‘approved’ roles but many financial institutions extend the principles across the organisation.
Usually contracts with financial institutions are subject to passing a series of checks – and specialist companies are employed to carry out those checks. It might be worth speaking to the FSA and seeing if they would have considered your son’s position to be a significant risk (probably not). Ultimately though, it’s for the employer to decide for itself, what it considers to be appropriate controls in relation to recruitment.