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Threatened with sack if i don't sign data protection mandate, is this correct!!!


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I will try to keep this brief but I desperately need some advice for tomorrow!!

 

A week ago my employer handed me some forms to fill in, I took them home and read them and basically they are saying that I have got to sign a data protection mandate authorising a 3rd party company to retrieve and store my details from the DVLA, the letter from my head office clearly states the info will be held by 2 other companies besides themselves but on the actual form it names other companies that I have never even heard of and have never had any dealings with them through my work.

 

The form clearly says I have 14 days to sign and return it and that it is now company policy for all employees to sign it. My employer said anyone that didn't sign would be sacked!!

 

I had only had the form a couple of days and they asked me why I hadn't returned it and that they needed it by the following day, I reminded them that I had been given 14 days but they denied all knowledge.

 

My 14 days is not up until the end of this week but today my employer has shown me an email from H.O. that clearly states because I hadn't returned my forms completed and signed then I along with quite a few other employees should be sacked immediately.

 

The thing is when I questioned them as to why these other companies need my data they replied "I don't know" and walked away.

 

Please can anyone help me, I need to know where I stand, can they sack me for not giving authorisation for people to store and use my data and I am going to have to sign the form

 

Thanks

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let's start with why you don't want to sign the form and if you drive for a living.

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yes I drive for a living and I am not happy about signing because I will be giving authorisation for various companies, some of whom I have never heard of to use and store my data. If it was explained to me why they needed this info then I may feel differently but when I asked that simple question the answer was " I don't know"

 

If my employer doesn't know the answer to this question then I am not prepared to sign until they find out.

 

I also have an issue with the fact that I was given 14 days to complete and sign the form but a week later Head Office have decided that anyone that hadn't signed by last friday should be sacked, how can they do that?

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I suspect that your company are outsourcing monitoring of things like suspensions and points. That's not unreasonable for a company to ask of its drivers.

 

Is there anything on your license you are concerned about or any pending convictions?

 

How long have you worked there and are you permanent staff or on contract or some other arrangement?

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I have worked there for nearly 8 years, there are quite a few of us that are not happy to sign, especially until we get some answers but they seem to be bullying us into signing by threatening us with the sack!! They won't even explain to us why all these companies want our data

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I think this is a change of terms and conditions. Here's an article about it.

 

http://www.inhouselawyer.co.uk/index.php/employment/8336-changing-tacs-of-employment-it-asda-be-done

 

They can indeed let you go if it is a good business reason. I'd go canny. I could see an ET saying the employer had handled it badly, but they'd be permitted to outsource document checking, absolutely. So am not sure you would have a case.

 

What do your union say?

 

And you didn't answer the question about points and convictions.

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by the way - does the form say why they are asking you to sign it and how data will be used? please type out what it says for us.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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It's very unlikely they could fairly dismiss you for that reason alone.

 

It may be worth collectively raising a grievance. The company wouldn't be able to function if they sacked all of you ;) and its always worth placing your complaints on record.

 

If you didn't sign the form, they'd be breaching the Data Protection Act by sending your information on to third parties, which is probably why they want your consent! But it would almost certainly be an unfair dismissal if you were sacked over this.

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Hi Emmzzi

 

I have worked there for nearly 8 years and am permanent staff

 

I have a clean licence with nothing pending

 

I produce my licence to them on request, usually every 3 months.

 

My issue is with the fact that there will be a number of companies storing and using my data and no one seems to know why. Also the fact that I was supposed to have 14 days to sign the authorisation, then a week later they have decided to sack anyone that hasn't signed already

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Could this be for acrreditation for carrying any kind of sensitive data/cargo?

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I've worked with drivers for a while and you'd be amazed how many "lose" their license and have a second copy so they have a clean one for work and a "real" one with the points on. So checking with the DVLA regularly really is the only way to be sure your drivers are legal and insured, etc etc. It'd be a normal condition for many employers.

 

So. What does it say on the form that you are agreeing to?

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I would be giving consent for various companies to obtain info from DVLA within the meaning of the Road Traffic Act 1988 or other european or world-wide Licence Issuing Authority any licence information held relating to myself

 

I would also be giving my consent for these companies to provide such information on request to certain other companies

 

My employer cannot explain why these other companies would need my information but said it is a sackable offence if I do not sign - Its not a hard question that I asked them, I just want to know why all these various companies want my info!

 

Just to clarify I do not carry any valuable or sensitive cargo, so I really do not think that is the reason

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I think then the earlier answer is correct, the number of cloned/fraudulent/fake

licences etc., is massive companies may seek to verify contracted companies drivers

are who and what they say they are, insurances, seized vehicles are costly.

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checking your licence is a HSE requirement

 

http://www.knowyourcandidate.co.uk/driving-licence-check.cfm

 

It may also be that to win business, your employer needs to demonstrate to customers they are meeting these requirements.

 

They are going to be using your name, licence numbers and DVLA record I guess?

 

It does seem a defensible request to me, although they have explained it badly. I expect your manager doesn't really understand why as it'll be the guys that sign up for new customers that need the information.

 

It's up to you, your colleagues and your union whether you think it is worth the protest. My gut feels that the check are an inevitable part of working in the modern world.

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st200boy

 

You must speak to head office immediately to clarify what your data is being used for. Also you must raise a grievance as soon as possible. If you speak to head office on the phone then chances are they will explain this information to you. It is not gross misconduct if you refuse to sign pending on further information. Remember in any changes of terms, they have to make these clear to you before you put your name to paper. They can not simply sack you for refusing to sign a form without first explaining what it is for. That is an employment tribunal waiting to happen. Chances are it is something simple such as checks but it is no use us stipulating what it is when a simple phone call to head office should resolve the issue.

 

You have been in this position for 8 years (i am guessing you are not self employed or agency). It is really hard to sack someone who has been working for this amount of time without a damn good reason.

 

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Thanks guys for your advice and info, I agree, the whole thing has been handled very badly, I have no objection with my company holding my details I just don't understand why at least 4 others need it and my company can't explain it!!

 

I guess if I want to keep my job I am going to have to sign even though they cannot/will not answer my questions

 

Thanks again

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Thanks SFUK, I have just seen your post, I will contact them tomorrow.

 

Thank you for your input, I didn't think it seemed right that they could just sack me for not signing especially when I have asked them to explain things to me and they simply cannot or will not. My 14 days aren't even up yet and already my boss has received an email saying that we have got to be sacked. My boss has shown the email to the drivers that haven't signed. Its absolutely disgusting how we have been treat over the last 7 days. Best of it we are all really good workers and have all got long service in. They should at least give us our 14 days before they hang us out to dry.

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checking your licence is a HSE requirement

 

http://www.knowyourcandidate.co.uk/driving-licence-check.cfm

 

It may also be that to win business, your employer needs to demonstrate to customers they are meeting these requirements.

 

They are going to be using your name, licence numbers and DVLA record I guess?

 

It does seem a defensible request to me, although they have explained it badly. I expect your manager doesn't really understand why as it'll be the guys that sign up for new customers that need the information.

 

It's up to you, your colleagues and your union whether you think it is worth the protest. My gut feels that the check are an inevitable part of working in the modern world.

 

I HAVE JUST CHECKED ON THAT LINK YOU GAVE AND SOME ISSUES CAME TO MIND

 

quote

 

Organisations must make driving licence checks periodically to demonstrate that they are meeting their Duty of Care responsibility and obligations under the HSE Health and Safety at Work and Duty of Care Act

 

they seem to have their legislation mixed up

 

the regulations are not the Health and Safety at Work act 1974 but the Management of Health and Safety at Work Act 1999

 

their is also no such legislation as to the Duty of Care Act but are covered under

 

Workplace (Health Safety and Welfare) Regulations 1992

 

posted just for reference :-)

 

i think this is all about the claims culture we now have in the UK

 

a HGV will carry full insurance and an employer will be held liable under vicarious liability if they do not do adaquate checks on their drivers and under the Management of Health and Safety at Work Regulations 1999

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Squaddie they may be confusing their legislation but the gist is the same. Here's another example.

 

http://www.fleetlicencecheck.co.uk/

 

Basically, the employer has a duty to check everyone is legal.

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totally agree but you would have thought they would have got the web page proof read

 

realy does not make them look professional, does it

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Hi

 

If this was a company wide issue then should they have not properly consulted there employees?

 

As they stated its company policy then simples ask themn to provide you with a copy of the company policy which states this. (this way you can verify what they are saying against that policy which should have the relevant legislations in it then you can check them).

 

I do also agree with the previous caggers advice as well.

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The main purpose of this may well be for insurance purposes (and therefore a third party would be one or more insurance brokers or companies). As indicated previously, there may be a need to check on points and licence status in order that cover can be provided for the vehicle fleet. We check drivers' licences as a matter of routine, but when I used to work with a commercial fleet, there was often a need to pass details of convictions to the insurance broker who arranged our insurance cover to check that certain convictions were permitted under the policy and whether they affected the risk and therefore premium.

 

Agree with everybody else, you need to find out what data is to be shared, with whom and why, otherwise how do you know that the details aren't being passed on and being used to target you for junk mail for example?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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IMO I think raising a grievence etc etc is the wrong way to go when it comes down to it you have a job that presumably is ok as you have been there a while and at the moment have no intention of changing jobs.

Yes the form means that your info is shared with other companies but every time you use a credit card companies are tracking you, and your driving details being shared around are less likely to cause you any problems than your credit card being cloned.

You probably give more personal information out to companies yourself (without realising it) than any company would get from DVLA so is it worth making a big issue over it?

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