Employer raising investigation over already declared crime..... Help please

[taz_in_2001]

Hi,

Sorry if this goes on.

 

My partner started work in Feb in the security field.

On the application and in the interview he was asked for convictions in the last 5 years, he stated 10 years and disclosed he went to prison for perverting the course of justice 10 years ago.

The CRB check came back and also showed this charge, he was given his SIA lisence and allowed to work for the company.

 

He has passed his 6 month probationary period and has been told by his team that he will be having a meeting with the manager because of this.

 

He contacted his manager and was told he will be attending an investigation meeting because of discrepancies in his CRB.

 

My question can they do this to him after he was more then honest with them by disclosing 10 instead of 5, they have told everybody apart from him that they are investigating (surely this is against procedure) and this hasn't been given in writing.

 

I know we cannot say this but the manager in question has a wife that works as a relief security officer and wants a full time job, the tattle in the office states he is trying to get her in by challengin my partner.

 

He is very upset about this and worried sick as you can imagine, he left another job for this one which they know.

 

Thanks for any help in advance

Sarah

Edited September 15, 2009 by taz_in_2001
Added extra

[mariefab]

I can't see how they could do anything six months later when he disclosed it on the application and at the interview.

Did he get a copy of his crb check?

Is it possible that there was something that he forgot to disclose?

[taz_in_2001]

I can't see how they could do anything six months later when he disclosed it on the application and at the interview.

Did he get a copy of his crb check?

Is it possible that there was something that he forgot to disclose?

 

Thankyou for replying

 

Yes he got a copy of his CRB and it only stated the crime he had already told them about, I really can't see where these "discrepancies" have come from, he disclosed everything.

 

I personally don't think they have a leg to stand on but I am not trained in this field so cannot guarentee it.

 

The SIA issued him a lisence with this so surely the company is going to look the fool if they say anything about this ?

[mariefab]

they have told everybody apart from him

 

Do you mean that 'they' have told other employees that they are investigating discrepancies in his crb?

 

If not, what have they told everybody?

[taz_in_2001]

they have told everybody apart from him

 

Do you mean that 'they' have told other employees that they are investigating discrepancies in his crb?

 

If not, what have they told everybody?

 

Yes they have told the majority of his work mates that they are investigating him about the discrepancies - Surely this is wrong ?

[mariefab]

Surely this is wrong ?

 

That is a considerable understatement!

 

His past conviction is sensitive data and his employers cannot process this data without his explicit (preferably written) consent.

 

Data Protection Act 1998 (c. 29)

 

Do you know exactly what they have told people?

[taz_in_2001]

There was a part that I had missed, he supposedly purchased a stolen jacket from a customer which he did not, the jacket was purchased by my cousin who dropped it into him, we haven't told them this but we have the receipt so if they want to bring this up aswell they can.

 

His workmates were told he will have a letter about this jacket

Then they were told he was under investigation

 

My partner then rang the manager himself who seemed to backtrack when he was told that my partner knew all that he had said to everyone. This manager told him there was discrepancies in his CRB

 

I am sure they knew exactly what the investigation was for.

 

I contacted my friend who is his team leader, when I explained what was going on I was told he can't get my partner on the jacket now so he is pulling out all the stops on other things as he really wants his wife to join the team, but unless my partner goes she can't get in there.

[mariefab]

Do you think that any of the people who were told by his employer, either about the jacket business or the crb discrepancies, would be prepared to write a statement saying so.

[taz_in_2001]

Probably not to be honest, they all seem to be in their own little group and he is the outsider.

 

One of them is the one phoned the manager about the jacket but none of them will own up

[mariefab]

My partner then rang the manager himself who seemed to backtrack when he was told that my partner knew all that he had said to everyone.

 

Well perhaps the above will do then.

 

Perhaps your partner could turn this investigation meeting to his own advantage.

At the start of the meeting he could say that, as he said on the phone call, he is aware that the manager has been discussing sensitive information about him with other employees contrary to the Data Protection Act.

He could ask the manager whether this matter should be dealt with initially using the Company Grievance procedure or if it would be more appropriate to report it to the Information Comissioners Office.

[taz_in_2001]

I will write this down and type up some notes for him to take with him

 

Am I right in thinking he needs a letter telling him of this meeting ? if not then they would be against policy ?

[mariefab]

Am I right in thinking he needs a letter telling him of this meeting ?

 

Not necessarily, as long as he has been given a few days notice.

Unless there's anything in his contract about the Company own policies.

Since April this year the requirements for Disciplinary and related procedures have been somewhat less formal.

[Button1]

Hi there,

 

www.unlock.org.uk

 

Hope it helps.

Edited September 16, 2009 by Button1