The National Staff Dismissal Register will be a searchable database of employees who have been dismissed for ‘dishonesty’ or have resigned while dismissal proceedings are ongoing -Â see the article on Personnel Today. I’m amazed this hasn’t generated more headlines. It’s been developed in consultation with the Information Commissioner’s Office, so one assumes the data protection angle will be looked after, and I’d guess there will be a dispute resolution service to remove disputed details. I’ve not seen complete details of the scheme, but some immediate issues that spring to mind:
- If use of the database is widespread, finding another job after dismissal will be near impossible; this could seriously affect an unfairly dismissed employee’s chance of mitigating his loss pending the unfair dismissal finding (at which one assumes the dismissal will be removed from the system). This will mean higher compensatory awards, and potentially arguments over damage to reputation and so on.
- What if I’m being investigated for an allegation that constitutes dishonesty, but I resign for other reasons? What if I’ve been constructively dismissed? What if the allegations of dishonesty were victimisation following a discrimination claim? The disputes reaching the database operators could well trespass into findings best left for a tribunal – and if the procedures don’t exist then serious injustice could result.
- Will there be any compulsion for those employers signed up to the system to report their employees? A lot of investigations and disciplinary procedures end with a resignation, a cessation of the procedure, and the employer simply refusing to respond to subsequent reference requests. An employee in that situation still has reasonable chances of employment, but if his former employer is obliged to put him on the database then his chances are shot.
I can well understand why there are concerns. A TUC representative stated to the BBC:
“The TUC is seriously concerned that this register can only lead to people being shut out from the job market by an employer who falsely accuses them of misconduct or sacks them because they bear them a grudge. Individuals would be treated as criminals, even though the police have never been contacted.
“The Criminal Records Bureau was set up to assist employers to make safe appointments when recruiting staff to work with vulnerable groups. The CRB already provides appropriate and properly regulated protection for employers. Under the new register, an employee may not be aware they have been blacklisted or have any right to appeal.”
…and at the moment those very genuine concerns aren’t answered.
I worked in a bank about 2yrs ago and was put on the register and it still haunts me i so much just want my name to be removed from the register
So far as I’m aware the National Staff Dismissal Register is a new exercise – the banks may already have some sort of information sharing however. If you think that there is another blacklist floating around out there then you should contact the Information Commissioner’s Office on 08456 30 60 60 to see if there’s any action you can take.
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Does anybody know and how can I prove that there is an existence of an NHS blacklist, prevening me from ever working in the NHS again. I strongly believe that my former NHS employer has placed on name on this register, and as a result I have become unemployable.
have you had any luck finding out if this list exists?a person i know is in the same boat and there is a court case quickly approaching
can you please tell me how i can find out how if i am on this employee blacklist???
regards
j
I have not been dismissed ‘yet’ I am in dispute over illegal deduction of wages, my former boss who has now retired brought three false allegations against me. One of which ran all the way to a disiplinary which I won and proved his evidence to be false. He then cut my hours by 60% to endorse his displeasure in me using his evidence against him. I now am having hugh problems finding alternative employment and fear that I may be blacklisted in some way. My present Boss who was part of the original problem, always insists on knowing who will be interviewing me where my interview will be, what time and how long I will be. I have taken evasive measures to try and keep my interviews secret but to no avail. Even though I won the disiplinary with no action to be taken I continued to receive letters referencing action to be taken against me from the disiplinary. I would like to know how I can check if I am blacklisted or just plain paranoid.
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