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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50187
Experience:  Qualified Solicitor
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Can you please help me. I have applied job with a

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Can you please help me. I have applied for a job in the IT dept with a bank.  I have a job offer.  Unfortunately I have failed the screening credit check process. The history is that over a year ago I burnt out from my previous employer due to excess workload over several months. I resigned suffering from depression ( an irrational decision ).  As a result of depression , long term unemployment ( over 12 months ), very low income I.e. benefits I defaulted on 2 loans, 2 cards. I  made contact and arranged much lower affordable payments with my creditors who were very understanding. Prior to above I have 25 years of a good credit history.  I was with the company I resigned from for 10 years.  Prior to my illness i.e. depression, long term unemployment, my credit report was fine. I am not under financial strain or stress as I can afford to pay the significantly reduced monthly payments.  When I resume work I will increase payments . My future monthly payments will amount to less than 20% of my net income. So comfortable and affordable.  I have 4 defaults, total indebtedness less than 30% of net income. I do not have any adverse records e.g. county court judgements, ivas or bankruptcy etc.  I feel that my financial situation is a direct result of unexpected long term illness, depression which is recognised as a disability. I do not consider myself a risk to working for a financial company.  I feel that the decision to reject my application based upon my credit report and the reasons above amount to discrimination under the equality act 2010 ( discrimination arising from a disability ).  If my depression was caused by debt and stress brought on by financial mismanagement then I would understand. It however was not.  My depression was unexpected and a result of work stress, burnout. I have supplied the employer evidence of this and agreed reduced payment plans with my creditors.  On the above basis do you feel that it is unfair unlawful under the equality act 2010 to reject my application on the above basis . my financial situation was the result of a past disability. That the credit check process is failing to make reasonable adjustment, consideration. Please  advise. Kind Regards ***** ***** Truckle p.s: I made the employer fully aware of my burnout, depression and poor credit score in the 2nd interview.  In summary I have been open and honest

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you appealed their decision?
Customer: replied 2 years ago.

I have appealed initially which was rejected. But initually I did not make reference to the equality act 2010, discrimination arising from a disability etc. The initial appeal was rejected . I have sent new appeal bit have not recieved an ack or reply. I wish to know if based upon the info supplied I have a case? Weak, moderate or strong. I feel I do. INITIAL appeal which has been rejecred

1. No adverse records I.e. CCJs or IVAs

2. Defaults x 4: 2 loans, 2 cards dating back to 2013 . Mr Truckle unexpectedly burnt out in early 2013. He resigned from his job following 8 years service as a result of stress, excess hours 60+ a week over several months. He was diagnosed with depression . Long term sickness , unemployment, low income I.e.benefits resulted in inability to meet minimum monthly payments. Defaulted as a result. Unfortunately no payment protection in place. Prior to 2013 good credit score.

3. Mr Truckle has arrangements agreed and in place with each creditor to pay a significantly lower affordable amount each month. These payments are being made. See attachments.

3. Awaiting return to full-time employment, higher income which will enable payments to creditors to be increased. Estimated affordable total will be £550 per month I.e. less than 20% of net income.

5. Not under financial strain.

NEW APPEAL no acknowledgement or response:

orning Janice, Rebekah, Brett,

Thankyou for the letter I recieved today dated 29/6 informing me my application has failed at the screening, credit check phase. I assume therefore there is no option to appeal.

Taking all facts into consideration I feel the decision is unfair . I have sought legal advice from the mental health charity to determine if my assessment is valid I.e. that I have a case.

Following an initial discussion presenting all the facts e.g. long term depression, a recognised disability, unemployment, low income resulting unfortunately in the defaults and my poor credit score the legal advisor was of the opinion that i am being discriminated against under "Discrimination arising from a Disability ( which applies to past or present... in my case past)" Re-Equality Act 2010.

That I am being treated unfavourably as a result.

That there appears to be a lack of flexibility , a required duty under the Equality Act to make reasonable adjustment in the credit checking process with regard to disabilities.

In summary the legal advisor was of the option the decision was unfair.

More information can be found on the website, bottom left, A-Z, under Discrimination.

I do not know if the escalation case took the above factors into consideration.

I kindly request that the decision to reject my application is revisted.

As previously stated my case in summary, combined with above is below.

1. My financial situation is a direct result of a past disability I.e. long term employment, low income. The long term unemployment started in March 2013 when I burnt out a result of excess workload 60+ hour weeks over several months from my previous employer Jpmorgan. After 8 years service. I resigned suffering with depression . My credit report will show up to then my credit score was good.

2. I have behaved responsibly contacting my creditors and agreeing significantly reduced payments.

3. I am under no strain or stress as a result of these debts as my creditors are being reasonable and understanding. I have reduced payment plans in place. Subject to review every 6 months or when my financial status changes. The zero stress/strain will not change once I resume employment as we will agree increased affordable repayments. I therefore do not present a risk with respect to fraud or debt related stress. I therefore have a stable financial background.

4. I have no adverse records I.e. CCJs, IVAs or Bankruptcy. Supporting the fact I have managed the situation, communicated with my creditors, have not ignored or neglected it.

5. I am fit to work. I can supply excellent work references a testament to my skills, experience, positive attitude to work and know I can make a positive contribution to RBS working with Mark, Jim and yourself.

6. I am a specialist in IBM MQ & Broker a product only used by Financial organisations . Experience, skills acquired over 15 years. To be denied of being able to continue work in my area of speciality would result in a significant paycut of 40% or more. This I find unfair under the circumstances. I wish to join RBS and utilise my specialist skills to deliver quality work as I had done for many years prior to 2013.

7. I felt the interviews with Mark and Jim, Yourself and Linda went very well.

8. I have been proactive in maintaining my technical skils having only recently self-taught myself IIB, the new features available on top of WMB, and taking the Certification Exam. Admiitedly I fell short by 2% of the pass mark so will retake once I can afford it. I am currently studying DataPower.

Can you please reconsider the decision based upon the above.

If the decision remains to discontinue my application could you please write to me with full justification of the decision taken with reference to the above items re-equality act, discrimination arising from disability etc.

I apologise that my application is not straightforward and is causing extra time and effort. I can only hope that having come this far over now 5 months fairness will prevail. One can only hope.

Customer: replied 2 years ago.

Pre Employment Credit Check | Adverse Financial Check | Experian UK

Pre Employment Credit Check | Adverse Financial Check | ...

A pre employment credit check is an invaluable part of the screening process. Understanding a candidates background can help to mitigate the risks posed ...

View on

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I have copied below a couple of key statements from above summary page.

1. No history of financial mismanagement

I have no history of financial mismanagement. To unexpectedly suffer long term illness i.e. depression, a recognized disability, the result of burnout (not significantly the result of prior debt stress or problems) , resignation, long term unemployment, very low income, the responsibility taken to contact my creditors and agree reduced affordable payments, unfortunately defaults due to inability to meet minimum payments, does not amount to, in my opinion, financial mismanagement. What more could one have done under the circumstances. My only regret was not taking out PPI.

2. Check County Court Judgements (CCJs), bankruptcies, voluntary arrangements, decrees and administration orders

I have none of the above. I have avoided these by managing my debts whilst i was ill , contacting my creditors, explaining my unfortunate situation and agreeing reduced payments.

Though I have a poor credit score due to defaults I do not consider it adverse. My understanding of adverse was CCJs, IVAs or Bankruptcies. However even if it were adverse taking into account my mental health problems in 2013 it would still in my opinion be unfair unless I had not taken subsequent action following recovery of my illness to make arrangements with my creditors.

If my depression diagnosed in 4Q2012 was a result of debt problems/stress in 2012, as opposed to work burnout, then i would fully understand that it would be reasonable and fair to reject my application. However this was not the case. My credit status before 1Q2013 was good supporting the fact. I can supply evidence from my therapist from October 2012 that the reasons for my depression were work stress, excess workload and burnout. My therapist I recalled even stated he was treating numerous other clients for the same reason i.e. burnout from the same employer.

Finally i would like to say that though i was expecting to explain my poor credit score with evidence e.g. agreed payment plans, medical reports etc which i have supplied I was not expecting to be rejected. I did not expect to be rejected on the basis that it would be unfair when taken into account my past mental health problems, the reasons i defaulted, and my knowledge of the the equality act and disability discrimination but most importantly an informed assessment of real risk.

If you have no plans within RBS to revisit my case in light of recent communications please advise.

i Ben, I also added below to NEW APPEAL::

Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Hello again, the relevant law in this situation would be section 15(1) of the Equality Act 2010, which states that "discrimination arising from disability" occurs where both:
• A treats B unfavourably because of something arising in consequence of B's disability.
• A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
The EHRC Code goes on to provide some useful clarifications and although not legally binding, it can be used to try and explain your rights. In particular Paragraph 5.9 states that "the consequences of a disability include anything which is the result, effect or outcome of a disabled person’s disability".
There are certainly arguments that the default was something which arose in consequence of your disability – it was in some ways a result of the disability, although not direct. So here lies my concern – the connection between the disability and the final decision not to employ you is somewhat remote. You suffered a disability, this resulted in you leaving your job, which in turn resulted in the default, then the employer is not employing you because of a default. There are too many steps between the disability and the alleged unfavourable treatment to make this a clear cut case in your favour. The tribunal would certainly look at this connection when deciding on this. I would therefore say that your prospects are weak to medium at best.
Nevertheless you can consider pursuing this via ACAS which offer a free conciliation service and you would have to use them before you can make a claim anyway. They act as an intermediary between you and the employer and try to negotiate something between you, such as financial settlement. Give them a go – you have nothing to lose, however if that is unsuccessful and you are considering a claim – think carefully as the costs will rise significantly and there is no guarantee of success. You could even be ordered to pay costs for the employer so the risks are much greater.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Hi Ben, thankyou for reply. One last query you have written "the employer" as if it is the same employer as opposed to a new employer job application . Further in light of what all I have said do you feel that I present a real risk to working in the IT dept of a bank if the assessment of risk is based upon a credit score which in my case is only poor because of a disability not as a result of poor management etc. Risk is the reason why credit checks are conducted. Surely it is discrimination to suggest that someone who had a past disability is a risk re-fraud, embezzlement etc. Can not be trusted.

Hi, sorry I should have clarified that the employer would also include a prospective employer. And I do understand your comments re potential risk and I would hope that the employer would eventually see that but I was just highlighting the risks of actually pursuing a claim for it, as opposed to just discussing it with them and involving ACAS. With these options you have nothing to lose, but once the tribunal is involved then costs start mounting up and the risk is greatly increased
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