CIFAS marker led to loss of employment

mark2200

Hi

I've worked for a telecoms company for the past 10 years. In the last month that employer has terminated my employment essentially saying they can't have me working there while I have cifas markers on my name. 

I have 2 markers in total. 

1. was by Lloyds Bank for a credit card- the reason behind it was 'uncleared effects fraud'. They said I paid the monthly fee, then before it cleared I used some of the funds I was paying back. 
2. Was by a loan lender saying I committed application fraud by using a false address- despite the address being mine and me having multiple bills etc to prove its my address. 

I've already challenged both of these and am just awaiting the results, but my questions really are is my employer even allowed to do that?? From everything I've read CIFAS have said they're meant to be used as a guide only, that the employer is still meant to ask the employee to explain the situation etc- whereas my employer has asked me nothing and just essentially said 'They have to be removed or I can't work there'. 

The other question i had was basically just wondering how/why exactly they would be considered fraud in the first place. I used money that was available to me and the address was my own legal address anyway  Just seems strange

Thanks

AskAsk

yes they can.  employers can terminate your employment on all sorts of stuff, criminal proceedings, bankruptcy, credit check failure.

elsien

But there’s a process they have to go through, is there not? 

OP - how have they terminated your employment? 

mark2200

AskAsk said:

yes they can.  employers can terminate your employment on all sorts of stuff, criminal proceedings, bankruptcy, credit check failure.

Surely they need to at least ask you to explain yourself first though? 
If I had criminal convictions then ofcourse and it's fair enough to terminate the employment, but for this they just point blank essentially said remove the markers or you can't work here. 

These markers were from over 2 years ago too

Masomnia

What's your job?

mark2200

elsien said:

But there’s a process they have to go through, is there not? 

OP - how have they terminated your employment? 

Hi. Our work systems use these special logins, so at the start of October they removed my login and my boss told me to email our security team- that team told me to contact cifas and later they told me they wouldn't reactivate my access until the markers are removed. 

My boss has been very helpful, but the decision comes from the security team which are essentially above him- so unless I get my access I can't work. 

I did a DSAR with my employer and it turns out the security team found out I had these markers at the end of July 2020, so they essentially let me continue to have access for a further 2 months. But I knew something was wrong because my boss was instructed by the people above him to have me train other people so they knew how to do my job- their reasoning ed due to COVID as like a backup. But it turns out this was obviously their plan

mark2200

Masomnia said:

What's your job?

I work in a telecoms sales office. 

AskAsk

mark2200 said:

AskAsk said:

yes they can.  employers can terminate your employment on all sorts of stuff, criminal proceedings, bankruptcy, credit check failure.

Surely they need to at least ask you to explain yourself first though? 
If I had criminal convictions then ofcourse and it's fair enough to terminate the employment, but for this they just point blank essentially said remove the markers or you can't work here. 

These markers were from over 2 years ago too

explanation is not their concern, having an employee with those markers is.  the onus is on you to get them removed if they are incorrectly put there, not your employer trying to justify why they still need to employ you.  if they are wrong then they will get removed and you can stay employed.

mark2200

Jsacker said:

1. Did you have the CIFAS markers 10 years ago and, if so, what did you tell them/what did they ask in relation to it when initially applying?

2. How did it come to light in the last month or so that you had CIFAS markers?

3. What does your contract/handbook say in relation to this?

4. Does your line of work require this sort of check?

1. These 2 markers I do have were both in 2018. Personally I never even heard of CIFAS prior to last month so I don't have a clue if I ever had more or others. This report I did with them last month was the first one I ever requested from CIFAS. Ive never been contacted by anyone to every tell me I had fraud markers in the past (but then again with the 2 I do have I was never told about them either so I guess that doesn't mean much)

2. So I turned on my computer on the first day of October (we're working from home) and tried to login (we have these special logins) and it wouldn't work. I then called my boss and he told me that I had to contact this security team. After doing so they told me to contact cifas and said they removed my access and wouldn't be able to restore it until the markers are removed. After me them requesting a DSAR from my employer I found out they discovered these markers in July 2020

3. It doesn't actually mention anything in regards to this at all. My boss has been very open and helpful about this but it's coming essentially from his bosses. It's funny because in September my boss was told to get me to train others do they could work as a backup to be (he showed me the emails they sent and their reasoning was due to COVID) as I'm the only one in the business that can carry out my specific job. So I taught someone the basics, then in early October my access was cut. So this was planned by his bosses

4. This is the first time my boss and one of his contacts has even heard of the security team checking anyone's cifas report so I don't personally think it's a normal thing to check. Plus given my markers were there since April 2018 it can't be regularly checked

mark2200

AskAsk said:

mark2200 said:

AskAsk said:

yes they can.  employers can terminate your employment on all sorts of stuff, criminal proceedings, bankruptcy, credit check failure.

Surely they need to at least ask you to explain yourself first though? 
If I had criminal convictions then ofcourse and it's fair enough to terminate the employment, but for this they just point blank essentially said remove the markers or you can't work here. 

These markers were from over 2 years ago too

explanation is not their concern, having an employee with those markers is.  the onus is on you to get them removed if they are incorrectly put there, not your employer trying to justify why they still need to employ you.  if they are wrong then they will get removed and you can stay employed.

The employer found out about the markers in late July. Then told my manager to ask me to train someone as a backup due to COVID, then only took away my access in early October. 

So surely it wasn't that much of a big deal to them to leave me active and able to do anything on the systems for months?  

AskAsk

mark2200 said:

AskAsk said:

mark2200 said:

AskAsk said:

yes they can.  employers can terminate your employment on all sorts of stuff, criminal proceedings, bankruptcy, credit check failure.

Surely they need to at least ask you to explain yourself first though? 
If I had criminal convictions then ofcourse and it's fair enough to terminate the employment, but for this they just point blank essentially said remove the markers or you can't work here. 

These markers were from over 2 years ago too

explanation is not their concern, having an employee with those markers is.  the onus is on you to get them removed if they are incorrectly put there, not your employer trying to justify why they still need to employ you.  if they are wrong then they will get removed and you can stay employed.

The employer found out about the markers in late July. Then told my manager to ask me to train someone as a backup due to COVID, then only took away my access in early October. 

So surely it wasn't that much of a big deal to them to leave me active and able to do anything on the systems for months?  

it doesn't matter as they have decided that now is the time to get rid of you and unless you can get those markers removed they will have the right to do so.  if the markers are wrong, they should have been removed by now as how long have you known about them?  even before July?  if you can not get them removed then you don't have a leg to stand on.