Demotion

[jean.clawed]

Ok Ill try and get this all in.

 

I have been employed in my current position for 6.5 years. Thisrole requires vetting in the form of Accreditation from the BritishTransport Police, (I work on the railway)

 

I have to complete my accreditation forms every 2 years. This yearI have failed my accreditation - which is due to having defaulted onmy credit cards and I also have a CCJ

 

I have been experiencing financial difficulties due to paying out£750 per month child care costs (over the last 2 years)

 

Anyway my employer has offered me a lower paid position (verysimilar job, but no accreditation needed) its £2k less than mycurrent job.

 

Obviously this lower paid job is going to cause more financialstrain on me.

 

The reason I failed the vetting is because of the CCJ and defaulted Credit cards...but I have been doing this job for nearly 7 years....

 

Is there anything I can do? I am at my wits end......HELP

[BRIGADIER2JCS]

I take it that this action is laid down in the terms of

your contract of employment?

If it is my feeling is the only way forward would be

to follow the company grievance procedure.

 

I can see no legal reason for challenging their decision

from what you have said sofar.

[sillygirl1]

A CCJ should not stop you from getting accreditation, ask the employer where this makes you a liability to them, point out your previous experience in the role and the fact that this is going to be on your record for 6 years, thereby making further checks invalid.

 

All this continual checking was not supposed to be part of the checking system, new employees were meant to be checked on entry and that was it.

[BRIGADIER2JCS]

I have dealt with a number of cases like this where

an organisation requires ''accreditation'' as part of

the contract of employment in fact I have regular

accredition checks myself for one of my arears of

interest.

It is common practice where fianacial proberty is needed.

When this situation in most cases there is instant dismissal,.

you are lucky I think that the company is prepared to offer

you employment.

[Sidewinder]

The answers to this will undoubtedly be in your contract. If your contract makes it clear that either the specific role or indeed continued employment is subject to ongoing satisfactory credit checks, then there is little that you can do.

 

Is the employer actually aware of the reason for the adverse markers on your credit file? here should be an opportunity to explain the circumstances and how you are addressing the problem.

[becky2585]

What you are actually potentially facing here is a potential dismissal by reason of illegality, a fairly rare situation in practice.

 

There are two points to note - 1) Whether it is actually a legal requirement to have a clear check to carry out the role, and 2) whether there is an express contractual provision which stipulates it must be clear to carry out the role. If either of these two are in place, it could potentially be a fair reason for dismissal.

 

However, as an alternative, your employer has offered you a job role which does not have the same requirement (they are under an obligation to do this in a dismissal for illegality). If the two reasons above don't apply, the best route is through the employer's grievance procedure. If illegality is indeed a factor, though, you may not be able to return to this job role and therefore the alternative employment may be the only option.

[blazer666_uk]

Deleted

Edited June 19, 2012 by blazer666_uk

[blazer666_uk]

Delted

Edited June 19, 2012 by blazer666_uk

[blazer666_uk]

Deleted

Edited June 19, 2012 by blazer666_uk

[jean.clawed]

Hi

 

There is also another employee who has a IVA (this is also a condtion that is not normally accepted) the reason that the BTP allowed this person to continue his employment is becacuse he did put this down on a preiveious form but the BTP didnt pick this up and accredited this person.

 

BTP switched this year to a civvy company (as BTP used to do the checks themselves) to carry out the accreditation checks and this company found out that the person had an IVA and refuesd his accreditation, the person appleaed and won it on the grounds that he had been accepted before! - I was told that im my case because my dire finacial situation it is a new case I would not stand a chance of appleal.

 

Its an accreditation process that allows us as in me certian police powers -(access to police PNC and other information) which is why it is continual

Edited June 20, 2012 by jean.clawed

[Emmzzi]

all opinions are academic until you find the bit of your contract or staff handbook covering this. Got a union rep?

[jean.clawed]

all opinions are academic until you find the bit of your contract or staff handbook covering this. Got a union rep?

 

Hi

 

There is nothing in the hand book about this, the only thing I can find is in the job description where it says must be able to maintain accreditation. This was not in the job description when I joined, this is all I can find. Our hand book covers the position below me (the job I was offered) and hardly mentions my role as the company says that the two roles are identical except the accreditation part.

 

I do have a union rep but Im after as much advice as I can get, i have a meeting today (informal) to discuss my postition, union rep will not be there with me.

Edited June 20, 2012 by jean.clawed

[jean.clawed]

What you are actually potentially facing here is a potential dismissal by reason of illegality, a fairly rare situation in practice.

 

There are two points to note - 1) Whether it is actually a legal requirement to have a clear check to carry out the role, and 2) whether there is an express contractual provision which stipulates it must be clear to carry out the role. If either of these two are in place, it could potentially be a fair reason for dismissal.

 

However, as an alternative, your employer has offered you a job role which does not have the same requirement (they are under an obligation to do this in a dismissal for illegality). If the two reasons above don't apply, the best route is through the employer's grievance procedure. If illegality is indeed a factor, though, you may not be able to return to this job role and therefore the alternative employment may be the only option.

 

But i did not disclose anything when I completed the form, I have been accredited 3 or 4 times now with no issues, so how would this be dismissal for illegality? I didn't mislead anyone

 

My understanding of dismissal by reason of illegality is the person concerned is no longer allowed to work in the UK - not, in my case, a failure of continual accreditation? I am a UK citizen.

Edited June 20, 2012 by jean.clawed

[jean.clawed]

My union rep seems to be pushing me towards the lower paid role, I have already told him I dont want to accept this if I dont HAVE to.

[Emmzzi]

If you have no evidence that your original contract or job description said different, then I would take the advice of your union rep. with no evidence no ET could find in your favour.