Withdrawal of Employment offer - Advice needed

ljrees

i am temping directly with the company, the temp onboarding procedures differ from the permanent ones (not sure why?)

are there any templates or links to information I can send to them? As I am temping for them I dont want it to work against me but if they arent following the law then I want to fight for my job.

I have told them if they decide i can continue to temp then i need at least a 3 month contract, as i need the security for my son. Not getting the perm contract affects me financially as i wont be eligible for childcare vouchers and will not get any of the permanent benefits offered (bonus, profit share, healthcare, training etc)

ljrees

!!!!!! wrote: »

The reason for using DS is that it is possible for both the person and their employer to obtain a basic disclosure just by requesting it and paying the fee. With the DBS the employer has the hassle of jumping through hoops and getting their organisation approved for requesting data from DBS.

are they allowed to bypass the DBS and not follow their rules?

Undervalued

whitewing wrote: »

It very much sounds to me that the company is at fault.

The question is, what do you do about it?

If you are temping, are you doing that via an agency? If so, maybe you need to clearly and dispassionately talk it through with the agency. (They would stand to lose financially if you lose the temping or permanent job, presumably).

There is also a case for doing nothing and seeing if the company make the right decision by themselves. The advantage here being that there is no conflict between yourself and the company.
If the company do terminate the contract then ask to be reinstated, and give well-researched reasons, potentially getting your MP involved as this will affect other constituents. Even if you are not 100% clear of the legalities, you could still put your specific questions as to the legalities in a letter to them so they have to look into it. Just be very careful to keep the communication ultra-professional and neutral.

I agree.

It does sound to me as though your HR department do not fully understand the situation. No "company policy" can override the law.

The potential problem however is that you have no security of employment at the moment so they could get rid of you for any reason that doesn't amount to unlawful discrimination. However, given that this issue has not be raised (and fortunately you have this in writing) then they will need to be very careful as it would be quite easy to claim that any other reason they come up with is simply an excuse.

ljrees

I was only told about the withdrawal by telephone too, and am yet to receive anything in writing apart from this email.

Undervalued

ljrees wrote: »

I was only told about the withdrawal by telephone too, and am yet to receive anything in writing apart from this email.

Well the email is pretty damming!

ljrees

should i have an official withdrawal letter issued? It all seems pretty slack to me, and considering they havent sent me a copy of their policy they keep referring to either!

Bantex_2

Undervalued wrote: »

I agree.

It does sound to me as though your HR department do not fully understand the situation. No "company policy" can override the law.

The potential problem however is that you have no security of employment at the moment so they could get rid of you for any reason that doesn't amount to unlawful discrimination. However, given that this issue has not be raised (and fortunately you have this in writing) then they will need to be very careful as it would be quite easy to claim that any other reason they come up with is simply an excuse.

They don't have to give a reason at all.

System

ljrees wrote: »

are they allowed to bypass the DBS and not follow their rules?

Yes, companies have the option of using either service.

The big advantage of the DS is that the you can get the employee to order and pay for their own basic check rather than the employer paying.

Also as the response says, they use an outside agency to do their checks and their preferred service is DS and not DBS.

You are not forced to use one or the other, either can be used regardless of location.

Undervalued

Bantex wrote: »

They don't have to give a reason at all.

Yes, I'm well aware of that!

However, with the current issue on the table they would really have to come up with a valid other reason or they would be leaving themselves wide open to a claim.

ljrees

the letter from HR said they do not follow the DBS rules, however the company that do the checks do - https://www.verifile.co.uk/services/criminal-records-checks/