Great news.

Well done imcville.

I'm glad to hear that your openness and honesty has been rewarded by the employer.

Best wishes with the new job.

Good day all, I just joined the forum and hoping that there'd be someone that can help with my query.
A recent job offer within the financial services sector was withdrawn from me because of my past trust deed from which I was officially discharged on 7 May 2014. I went into the trust deed on 31 March 2010 due to financial difficulties arising from the payment of large hospital bills for my Father who was very ill in Nigeria and was hospitalised for over a year before he eventually passed away. I also had burial costs to take care of as the first child in addition to the hospital bills.
The trust deed record had fallen off my credit report and I was confident it will not be an issue at all during their vetting. I went through a very rigorous 5 stage chooseion process and was eventually offered the job after which I confirmed my acceptance. To my total dismay and shock, the recruiting agency called me up the day after they had accepted my confirmation of the offer to say that my vetting was not successful. Surprisingly, they allege that the amount involved in my trust deed was quite large (I gave them the details of the trust deed) and even though they knew (and agreed) I have been fully discharged, I was told that the end client still saw me as a risk.
My question is: do I have any right or reason(s) to raise a complaint against the recruiting agency and/or end client in view of the following:
i. I’ve been discharged over 2 years ago (meaning all creditors were satisfied according to the terms of my trust deed),
ii. It was a protected trust deed (i.e majority of creditors agreed to the terms)
iii. It had fallen off my credit report (please note that as a gesture of honesty, I voluntarily gave them details of the trust deed: how much was involved, why it happened, details of my trustee, etc)
iv. If I keep quiet now, what if this happens again with another recruiter or employee as am actively looking for employment right now
Another thing to add: this job offer withdrawal was conveyed over the phone and not by email; does this make any difference, as I have email of every other communication with the recruiting agency? The last official communication from the recruiting agency was acknowledgement of my confirmation of acceptance of the offer.
It’s quite painful because I was made redundant in November 2015 and this is the first tangible job offer I’d have so my first response is to “put up a fight”. Is it worth a ‘fight’?

Welcome to the forum segibi.

As far as I'm aware employers are fully entitled to put systems in place to control perceived risks. Indeed some firms, especially in the financial services sector, are required to.

In terms of potentially disputing the process used here, you should speak with a solicitor rather than debt advisers about this.

Hello Segibi

As TDA says, employers have a right to put controls in place to minimise risk.

Just to clarify - did anyone say there would be a credit check as part of the procedure? I know you said your declaration was voluntary.

I have a few thoughts here.

In reality, you cannot FORCE an employer to employ you, and it is not the best start to do so. In any case, they can dismiss you within 2 years with little come back.

You may not wish to work for an employer who takes this approach without taking the opportunity to discuss with you. Do you know if that is the sole reason? Is your current credit rating good? if so, you can use that to demonstrate it was circumstantial.

The Agency may not have translated your declaration to reflect best on you.

There may have been another candidate extremely close to you in the recruitment process, and with this information, they chose to go with the other one to minimise risk.

At this point, you have an offer in writing - but no withdrawal of offer in writing.

If you really want THIS job (rather than wanting it as ANY job), you could take matters into your own hand and contact the HR department or hiring person to ask for the opportunity to explain all the circumstances. (I cannot imagine how difficult it was to deal with your father's illness and the costs. It can demonstrate a committed individual)

If you choose to do this, your attitude and approach will have a bearing on how they deal with it. If you are considered a trouble-maker early on it will not help them to change their decision. I cannot stress enough that you will have to have a positive approach rather than a blaming approach.

I remember challenging a psychometric profile before, and actually got the job because I was prepared to challenge it positively.

As TDA says, you may want to consult a lawyer. Alternatively, you can call ACAS in Glasgow and ask for initial advice. That is free.

On a personal note, I believe things happen for a reason (not always evident at the time). Perhaps this is not happening in order that a better opportunity and company will come along. Not everyone thinks like me though.

I do appreciate you will be so very disappointed and upset and it will probably raise emotional memories. Try to focus on the outcome you want and go into it that way. How would you like someone to approach you.

I hope the thoughts are of some small help to you and I wish you every success getting the best job soon.

Thanks Firewalker. Yes I wanted to send a reply only to find out that I've only copied TDA's remarks...still getting a hang of replying on the forum[:)]

Thanks so much TDA for your suggestion and Firewalker too for the very good thoughts and comprehensive comments.

I do agree with Firewalker that I cannot force them to employ me and it may not be beneficial to put up a fight but I'd still speak with ACAS for advice, just to keep me informed. And to answer your question, they did say they were going to carry out vetting and referencing checks and that the offer will be subject to the success of the checks. But I didn't expect that the offer can be withdrawn after my start date was confirmed and acceptance of offer was acknowledged. I thought they'd have completed their checks before doing all that. I was confident all will go well because the trust deed had fallped off my credit report and I currently have good rating. But I was wrong!
The previous trust deed I had was the only reason they gave for withdrawing the offer. The recruiting agency made it seem to me like it was beyond them or out of their control as the lady that spoke to me kept saying the end client viewed me as a risk because of the amount (£30K) that was involved in my trust deed, despite my discharge 2years ago. She did mention though that they appreciated my voluntary disclosure of the details of the trust deed.

Even though this is quite painful because of the gruelling nature of the recruitment process which I scaled through excellently I am equally optimistic that another door will open if this one remains shut.
The main concern I do have now is whether this scenario will repeat itself again if another recruiting agent or employer carries out vetting checks on me if/when another job opportunity comes my way? And am making many applications daily....And if that happens, what will/should I do?
This is more so because I am embarking on a career change from oil and gas to the financial services sector. I've spent a good amount of money and time to retrain and get necessary certifications to do this and am just wondering if all that investment will be going to waste!?

Hi Segibi

Did you intend to make a comment?
I see you are new to the forum.
Looks like you have captured TDA's response, as if
going to reply but have not made a comment?

Am sorry if I seem to be pedantic here but these are a few thoughts running through my mind the more I think about this matter and I think I should share them:

I just wonder again, what trust deed amount would have made them to keep the offer: £5K, £10K,£12K, etc and does it really matter the amount that was involved at the time one goes into a trust deed (is one trust deed better/worse than another?) especially if the person has been discharged and now has a good credit report??

And when the circumstances that led to signing the trust deed has been explained, shouldn't that be considered?

Hi Segibi

I replied again then realised you had written a longer post and it seemed to be out of sequence.

In your circumstances, I would contact the employer - quickly, before they offer it to someone else - ask for the opportunity to explain the exceptional circumstances involving your father and use your current good credit report.

The Recruitment Agent may not have understood a Trust Deed enough to 'fight your corner' or explain it adequately. Don't leave your fate in another person's hands. What do you have to lose? You cannot be any worse off than you are today. Just ensure you are blameless (to them and Recruiter) in your approach to explain. Perhaps suggest they were not made fully aware of the unique circumstances.

If the offer was 'subject to', even though it said a start date in the initial offer, it would be subject to (obviously I have not seen the documents). This detail is key in seeking any compensation.

Unless you have had the offer withdrawn in writing, technically you still have an offer.

Since you are not currently in employment and did not submit your notice, there is unlikely to be any compensation for that.

I admit to being a bit confused about their view of the amount of money - which is why I think it important they understand your father's illness and the financial impact.

A for the future, it would depend on the question in the recruitment process.

'Have you EVER been bankrupt, in a trust deed' etc. must be answered truthfully.

'Are you in a trust deed; is somewhat different.

I notice you said you were discharged 2 years ago, so I am guessing it may still be showing on your file (it shows for six years from date of signing).

If it is off your file and you are not asked that question, perhaps wait to see if it crops up - and then you could say you genuinely thought it was in the past since it no longer appeared.

So, to summarise, in your positions, my action would be to

a) contact the employer immediately and ask to meet to explain the circumstances. Take a print/copy of your 'excellent' current report to have it with you.

Depending on the response, you have more information on which to base any claim.

b) I would then contact ACAS first and depending on their feedback, speak with an employment lawyer. Bear in mind the cost of legal fees.

Any Compensation may be restricted to the notice period you were entitled to (per the offer). And remember, any entitlement to compensation depends on the 'subject to' condition and timing of events.

It is too big a subject to go into here but that is how I would approach it at this point.

Sometimes what we think should happen or what we think is fair, is not the reality.

Good luck! I would like to know how it goes if you don't mind sharing.

Hi Firewalker,
Thanks once again for your very useful comments. I think I'd agree with you that the recruitment agency do not seem to have a good understanding of what a trust deed is and have probably not conveyed this well to the employer.
First thing in the morning, I'd speak with the employer and explain the circumstances that led to my trust deed and the fact that my credit rating is good now, with a copy of the credit report.
To answer your question, Yes the offer was 'subject to' but the acceptance and confirmation of the start date occurred more than a week after the last stage of the recruitment process.
I'd keep you posted

Hi Segibi? Did you progress with your situation? You have been on my mind.