The secret database of construction workers, maintained illegally but used by some big name companies, hit the headlines last week. Ian Kerr illegally maintained a database of some 3,000 workers alongside descriptions of their lazy attitudes, poor timekeeping, and so on. The company has been shut down.
Everyone seems to have overlooked that a register somewhat like this exists anyway, in the form of the National Staff Dismissal Register. I blogged about this back in May and the register would seem to still be in hand, although it has managed to keep out of the headlines. The NSRD was sanctioned by the Information Commissioner after certain safeguards were agreed – and in fairness the scope of behaviour covered is much smaller. Visit its website here.
Yes, I was a bit puzzled that most of the news reports failed to mention the NSDR. I’d feel happier if its use was forced to be open. I’m aware that CV checking companies usually contact the applicant/employee with any inconsistencies to give them a right to reply. I am not sure that an employee who faces refusal of a post because of the NSDR would know why.
Do you have any practical experience of its being used or is it still only in planning?
I haven’t encountered it at all in practice, nor have colleagues to my knowledge, so I’m not sure what stage it’s at. I guess the issues that might arise in proceedings are:
– discrimination, if inclusion on the register constituted victimisation or something similar;
– Schedules of Loss – if inclusion on the register has restricted a Claimant’s ability to find work.
The NSDR site is quite unclear what the consequence of a successful tribunal claim would be on a register entry.
I have had some things to say about this in my latest entry on my new blog for Employment Law Advocates. http://www.employmentlawadvocates.com/blog/
You’ve been a good commenter here in the past James, so you can keep the plug!
I have been looking for a job for over 3 years and got very strange responses from HR departments and recruiters. I worked in the insurance industry as a technical assistant and an underwriting assistant. It’s the same as being an administrative assistant in other industries. The last time I got any meaningful responses from HR departments and recruiters was in 2007. It was then that things were drying up in a strange way. There was alot of racial discrimination going on because now you have to identify your race or gender on-line otherwise your “application” will be ignored. I made a complaint to the Division on Human Rights and the Department of Labor and named companies that gave me “5 minute” interviews, dismissing me promptly, or calling me for an interview, leaving a message on my voicemail, then when I call back they claim they never heard of me. Either that or never returning my calls. I became so spooked by all of this negative response that on one application I didn’t acknowledge that have a 25 year old (at that time) misdemeanor because I didn’t want that to keep me from getting hired. The company that wanted to hire me found out and rescinded the offer. This was in 2009. Afterwards, NOBODY will even look at me. Not even jobs paying minimum wage. Staples was the last one… First they said to me “welcome aboard”, then a week later they don’t even know who I am.
I want to know what is this website they are looking at and what is on it. I am economically at the point of destitution. I’m on welfare for the first time in my entire life and I will soon be dispossessed from my apartment.
As for the 25 year old misdemeanor… I live in NYS and New York does not expunge or seal criminal records. No matter what it is. They will issue a Certificate of Disposition of Relief which means absolutely nothing. It does not help a person when looking for employment even though the certificates indicates that what its for. I never served jail time and was on probation for 3 years but was taken off probation after one year. I understand that the employers and recruiters don’t go by the disposition from the court… they go by the arrest record which is packed with lies and fabrications by the police so that the arrest will stick and cannot be corrected.
The only website I know of is [link removed - UE] which has personal records of everyone in the U.S. and Canada and the information can be had for $9.95 to $39.95. One does not need to have the consent of the person the information is about. I am very very sure there are tons of websites out there that have all kinds of information laced with lies that is ruining the lives of people today. Can you tell me the web address of some of them?
This is a UK blog by a UK author, so I have to say I can’t help you. Try the excellent US website http://www.workplacefairness.org/
I am the owner of a commercial insurance agency in California. While I understand how “peoples lives are ruined” by these blacklists I think there is the other side of the coin. Dont forget that from the employers point of view it can be very costly and economically harmful to hire a person who has a history of poor work ethics. I have a small operation andspending a few thousand dollars in salary to discover that an employee is not doing a good job can stop my business in its tracks; especially now a days when business is suffering due to the poor economy.
As a business we are open to client reviews through the BBB or other means that are made public via the internet. Why cant employees also be rated on their performance in a public forum? Maybe that would motivate people to do a good job and be more focused at work. As it stands today I think employees get away with alot of BS. Depending on the circumstances it can take an employer months sometimes years to discover the truth about his or her employees performance on the job.