Hi all!

Having been employed by a UK Ltd company with a US parent corporation for three and a half years I received yesterday (as have all the eMployees here) an email from the US HR department stating that it was the corporation policy to perform background checks and we all had to complete the attached forms. All the forms are US based documents and although the background search is to be conducted by a US company in the US it is tailored for non US citizens, although it does assume those people are working for the Corp in the US and not the Ltd company in the UK.

Make sense so far?

Four years ago I was interviewed and supplied references, copies of qualifications etc and upon accepting the offer supplied a Basic Disclosure. Fast forward three and a half years and they suddenly want to do more checks, including credit, criminal, FCA, etc...

My question is have they the right to do this now? Surely having allowed me to work for them for three and a half years they've left it too late?

Your thoughts would be appreciated!

Thanks!

There is no reason why they can't introduce new checks at any time they want. Is there some reason why these checks would be difficult for you?

There is no reason why they can't introduce new checks at any time they want. Is there some reason why these checks would be difficult for you?

No, it's just a matter of principal. Perhaps misplaced, but nevertheless.

I'm in engineering. I don't see why a credit check or FCA check is any of their business.....

If they are now suddenly worried about my background then they might have trouble explaining why I've been responsible for multi million dollar projects and hundreds of lives over the past three years and it never occurred to them to do it before giving me the responsibility....

Well sometimes it's because an anticipated new line of business requires it. They don't have to explain their reasons. The issue comes if that leads to something else, like a dismissal.

Well sometimes it's because an anticipated new line of business requires it. They don't have to explain their reasons. The issue comes if that leads to something else, like a dismissal.

Good point. Noted.

What about the UK DPA implications? They are using a US based search organisation.....

I have worked for the great Pepsico empire now for 29 years, A few weeks ago i along with everyone else had to submit proof that i have the legal right to work in the UK

Would have been a bit of a problem after all that time working for them, If i didn't

they have fialed to obey the law of the land so they now have to go through the hoops again and that means asking you for certain documents to prove you have a right to work in the UK. A pain in the backside so show them your birth certificate etc and consider what else they ask for as most of it will be of a regulatory matter if you are in the financial field (or govt contracts, military research or procurement etc). The DPA is so weak in many respects that it allows foreign countries to process your data once you tick a box so not a problem.

I suspect that they have applied for a contract that needs these things answered and despite its total irrelevance to your work or posittion everyone has to jump..

they have fialed to obey the law of the land so they now have to go through the hoops again and that means asking you for certain documents to prove you have a right to work in the UK. A pain in the backside so show them your birth certificate etc and consider what else they ask for as most of it will be of a regulatory matter if you are in the financial field (or govt contracts, military research or procurement etc). The DPA is so weak in many respects that it allows foreign countries to process your data once you tick a box so not a problem.

I suspect that they have applied for a contract that needs these things answered and despite its total irrelevance to your work or posittion everyone has to jump..

I can certainly have some fun with freely given consent, privacy shield, etc.... I'm mischievous...

So.... I email the Corporation HR department asking for reassurances my data would be processed in line with the DPA, and in particular those sections dealing with international transfer......

I had a visit from the uk general manager who, in a nutshell advised me I have two choices. Submit the documents or find another job. His words. He can't explain how that satisfies me giving free consent to the checks...

Sounds like they are looking at / have a US Government contract that requires these checks.

So, the company will be taking a commercial decision : implement the checks (and risk breaking ]UK employment law / data protection?] for those employees who don't consent), or risk losing the contract.

If you think there won't be many people who won't agree, you are risking them taking their chances with sacking you and letting you sue, over the greater loss of the contract.

This doesn't mean it is fair, or moral : but it may be a commercial approach they could take.

Sounds like they are looking at / have a US Government contract that requires these checks.

 

So, the company will be taking a commercial decision : implement the checks (and risk breaking ]UK employment law / data protection?] for those employees who don't consent), or risk losing the contract.

 

If you think there won't be many people who won't agree, you are risking them taking their chances with sacking you and letting you sue, over the greater loss of the contract.

 

This doesn't mean it is fair, or moral : but it may be a commercial approach they could take.

Interesting point you raise there, but the company is already up to its knees in US gov contracts. And at least twenty five other nations, too...

However, I have just heard from the GM that in order to allay our fears over data export they will handle the background checks in the UK and store the data here...

Win.

Interesting point you raise there, but the company is already up to its knees in US gov contracts. And at least twenty five other nations, too...

Recent change in US Government - wanting to renew assurances over who they are employing?

Just a thought