National Staff Dismissal Register

[funkyparott]

National Staff Dismissal Register

Can they really do this? I mean, put you on a register for a 'suspected' offence of dishonesty that would stop you gaining employment in the future?

According to their webpage several retailers have already signed up:

"The NSDR is due to launch early next year with a membership which already includes Selfridges and Mothercare and Reed Managed Services"

[Weird Al Yankovic]

Interesting post.

I would suggest that an individual can be arrested on 'suspicion' of theft yet no charges are ever brought.

However, that arrest will be on police files, as will your DNA, and can show up on disclosures in the future.

I guess this is how this company may operate.

[crh]

I guess your employer would have to put in your employment contract that they would share the data with the register

also i may be wrong but i'm sure you could send the register company a S10/s12 notification and tell them to desist from processing your data

[funkyparott]

I thought tribunals took a dim view of employers restricting an individuals propspect of gaining future employment.

Furthermore, I would have thought they open themselves up to litigation so far as lowering a person's reputation is concerned. Could prove very expensive for them if they get it wrong.

[Rooster-UK]

To put someone's name on a register of "suspected" dishonest workers would, in my opinion, leave themselves wide open to libel claims plus damages claims for loss of reputation, earnings, etc.
By suspecting employees, publicly, they would be inferring that they WERE dishonest.

A very dangerous path!

[Spiceskull]

Big discussion going on here - perhaps the threads can be merged...

[JonCris]

I agree Rooster this opens up a can of worms for employers.

They should seriously think twice before using it, otherwise a whole new industry of sue the stupid employer is going to manifest itself before our very eyes

Also the data recorded has no privilege & is subject to the Data Protection Act so must be available for the subject to inspect upon submission of a Subject Access Request

What the police do is by statute & this ain't covered. Also access to the police data is restricted & only given through the CRB with the express consent of the subject

[patdavies]

Originally Posted by Weird Al Yankovic

However, that arrest will be on police files, as will your DNA, and can show up on disclosures in the future.

Just for completeness, an arrest without charge will only show up on an enhanced disclosure. Only convictions show on a standard disclosure.

[Weird Al Yankovic]

Originally Posted by patdavies

Just for completeness, an arrest without charge will only show up on an enhanced disclosure. Only convictions show on a standard disclosure.

Not quite true.

A standard disclosure will also show cautions, reprimands and final warnings.

And it also depends on what the nature of the employment is, who the employer are and the employed position for that CBR check.

An arrest, without charge, is unlikely to appear if it involved suspected fly-tipping.

However, an arrest, without charge, for suspected child pornography will appear if somebody is applying for a post with regular contact with vulnerable children in a care home.

However, that arrest will be on police files, as will your DNA, and can show up on disclosures in the future.

Which is why I stated an arrest can appear.
(NB Can is not as absolute as will)

[JonCris]

Standard CRB check

Standard CRB checks are primarily for posts that involve working with children or vulnerable adults. Standard checks may also be issued for people entering certain professions, such as members of the legal and accountancy professions. Standard checks contain the following;

• Convictions, Cautions, Reprimands and Warnings held in England and Wales on the Police National Computer, the most of the relevant convictions in Scotland and Northern Ireland may also be included;

and if the position involves working with children or vulnerable adults, in the sectors or areas which are able to access them, and the relevant boxes have been marked on the application form, in Section Y (Y3 or Y4), to indicate this:

• information from the Protection of Children Act List (PoCA);
• Information from the Protection of Vulnerable Adults List (POVA); and
• Information held by the DCSF under Section 142 of the Education Act 2002 of those considered unsuitable for, or banned from working with children.

Enhanced CRB Check

Enhanced checks are for posts involving a far greater degree of contact with children or vulnerable adults. In general, the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a Teacher, Scout or Guide leader. Enhanced checks are also issued for certain statutory purposes such as gaming and lottery licences.

Enhanced checks contain the same information as Standard checks but with the addition of any locally held police force information considered relevant to the job role, by Chief Police Officer(s).