Late vetting after TUPE.Is this right?

[Posterboy]

Hello. I have been working as a Security Officer in my current job for more than 4.5 years. Around half way through my time here the old company I worked for lost the contract and I was subsequently TUPE'd over to the new company. Just recently (2 years or so after TUPE), the newer company is now making us go through a full vetting process. On their own letters they have sent it says clearly that the vetting should be completed within 3 months of starting employment with them, but this time has clearly elapsed. They are putting me under alot of pressure to get my paperwork in order or I am threatened with unpaid suspension until it is. I am quite annoyed about it all as I have been the "model employee" since I've been here and it feels like a kick in the nuts.Also, on querying managers as to why this is being asked of us now they have basically admitted that this should have been done during the TUPE period, but was mucked up by someone down the line and wasn't done. Could have and should have all my vetting info been retrieved from the company I was transferred over from? I have already been cleared to work on this job once before, but now I have to go through the whole process again when my refs, history etc are not as current and harder to verify. Is this right?Can anyone offer any advise PLEASE as I feel like this is something I should be challenging as it was the companies mistake, which they are now putting pressure on me to tidy up or else.

[elche]

Hi posterboy,

 

Normally as you know something like this would happen early on in the employment relationship when the employee has less than one years service. Indeed if done properly any type of job offer like this will be 'conditional upon' these checks.

 

In your case I see 2 questions:

 

1) Can my employer legitimately ask me to do this - (almost certainly the answer to this is yes if you work in security) and;

2) If I fail the check can they fairly dismiss me?

 

Well in your case you have enough continuous service to bring an unfair dismissal claim if you are dismissed unfairly. The fact that you have been doing the job so long now must have a bearing on the process but ultimately if the check reveals something sufficiently serious, then depending on the nature of the job, a fair dismissal could result.

 

But I wouldn't worry about this for now. If you passed the check previously and have been working there since, why would you fail now?

 

Che

[Posterboy]

Sorry for the late reply. Thanks Che for taking the time to respond. It took a while, but everything has turned out ok in the end. Although you never can tell with the company I work for it will probably rear it's ugly head again soon enough...