Your job and Bankruptcy
- 29 Nov 2021
It is unlikely that your job will be affected if you go Bankrupt. You should be able to continue working as normal.
Included in this article:
- Is your employer told that you are Bankrupt?
- Which jobs are affected by Bankruptcy?
- Can you get a new job if you are bankrupt?
- Options if you think your job will be affected
Want to know more about how bankruptcy will affect your job? Give us a call (0800 044 3194) or complete the form below
Is your Employer told you are Bankrupt?
One of the main concerns about bankruptcy is whether or not your employer will be told. In the vast majority of cases they will not.
You will be asked to give details of your employer’s name and address on your application form. However this is for internal record keeping only. The Official Receiver will not inform them.
Given this the only way they might find out is if they carry out a credit check against you or search the Insolvency Register. However most employers have no reason to do this.
If your employment contract requires you to tell your employer if you go bankrupt you should not apply without first discussing the implications with them.
Which Jobs are affected by Bankruptcy?
There are a small number of jobs that cannot be performed if you are bankrupt. These include acting as a Company Director, Chartered Accountant, Solicitor or Member of Parliament. In addition you are not allowed to act as a Trustee of a Charity.
However most other jobs are not affected. You can go bankrupt if you work for the civil service. In addition the solution is available if you work for the armed forces or are a member of the Police.
Even if you work in the financial services inductry your job is unlikely to be affected. However you need to double check your contract. If your position requires you to have a clean credit rating then bankruptcy will not be for you.
If you are unsure whether your job will be affected by bankruptcy you should check your employment contract or speak to your manager or a member of the HR department.
Can you get a new Job if you are Bankrupt?
There is no legal reason why you should not apply for a new job while you are bankrupt. However if you do it is important to check the application forms for questions about insolvency.
If you are asked whether you are currently Bankrupt or Insolvent it is best to be honest. A potential employer can easily check your name against the insolvency register if it is important to them.
You may not be asked anything about your bankruptcy during the interview process. However if you are subsequently offered the job you need to check your employment contract.
Options if you think Bankruptcy will affect your Job
Your employment contract may not have a specific reference to Bankruptcy. However there might be a clause which says that your employment can be terminated if you become insolvent.
The important word here is “may”. This gives your employer the option to terminate. However it does not mean they will. If you are concerned about the implications of any clause in your contract you should speak to your Manager or HR department.
Where you decide that bankruptcy will have a negative impact on your job you may have to avoid the solution entirely. You will then need to consider one of the alternative debt solutions.
Contact us (0800 044 3194) if you think bankruptcy will affect your job and you want to discuss the options.