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Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 69370
Experience:  Over 5 years in practice.
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I have twice been turned down on betting by the police

Customer Question

Hello,
I have twice been turned down on betting by the police having passed all the police entrance tests and given a start date. I have now got a totally different job which requires vetting. My question is, what redress do I have. I have done nothing wrong in my life, never cautioned or anything, I have only ever had one speed awareness course. So, if I'm failed again can I take them to court or what are my options to find out why or what I'm supposed to have done..
Submitted: 1 year ago.
Category: UK Employment Law
Customer: replied 1 year ago.
The police refused to say why they turned me down on vetting. I have since read I think you can do a subject access request or go to appeal? In any case with my new job which I have started and am actually doing now pending this, if I now lose my job surely I have some form of redress..?
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.
I am afraid your options are very limited. Even if you have done nothing wrong in your life, you can still fail their vetting process. It is not just about your criminal record, they would have other criteria they look at and it can also cover people close to you, not just you personally. The main fact of this matter is that they do not ‘owe’ you a job – there is no requirement on them to employ you even if you have the cleanest record on file – they are the employer and they have the right to choose who they employ, regardless of how clean their record or life history is. There is nothing in law which states that they must employ you if you pass the relevant vetting criteria.
In fact, employers have the right to choose who they employ and can make such decisions based on a wide range of factors. There could be a number of reasons why one candidate is chosen in preference to others or why someone is not given a job, even if they are generally considered to be the best candidate. It is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to come to that decision.
The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person can potentially take this further. However, in the absence of any discriminatory reasons, the employer will rarely be acting unlawfully and will have the general power to be selective over whom it employs, even if it this generally appears to be unfair.
So unless you can show that their decision was based on these limited discriminatory grounds, I am afraid you cannot take this matter any further.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
There could be a possible reason, I worked for the police previously, during this time I applied for a job and was accepted, whilst I was about to leave I was caught up in a disciplinary which I could have fought and won but didn't as it would mean stayinemployed when I had a new job to go to so I just thought I'd go to the new job.I wonder if a "bad reference" is essentially what's happening here...so, if I had left any other job no one would even know I I left with a disciplinary ....so is the police breaking the law by giving me or putting on record essentially what is a permanent bad reference..again I have done nothing ever wrong ..is this legal to keep this "bad reference" as that is essentially what it is..
Expert:  Ben Jones replied 1 year ago.
Depends on what you mean by a bad reference. If it is factually correct, for example it says you were facing a disciplinary but did not fight it and left before it was resolved - then that could look bad but it is not wrong as it is what happened. You can only fight it if they are providing false information about you
Customer: replied 1 year ago.
I agree, but the police by virtue of their position have the ability to put that on record. If I worked in a clothes shop say they don't have that ability to record permanently on my vetting or police record or wherever they keep records...so surely this is an employment issue that under any other circumstances would be over forgotten about and in the past but by virtue that it is the police they have (I am supposing) put something on record somewhere....now a shop owner wouldn't be able to do that so are the police using their equipment/ power / systems not in the spirit they were intended..do you see what I mean?
Expert:  Ben Jones replied 1 year ago.
I see what you mean but they are not doing anything wrong from a legal perspective. They are entitled to hold these records. As long as they are accurate they can use them in the future to decide on whether to employ you or not. So it may appear unfair to you but is not illegal
Customer: replied 1 year ago.
So, my opinion is they are using this as a reference service and abusing the power of this. As I do not have a criminal record so they are holding a "bad reference " against me where no one else would be able to...so surely that's an abuse of the record keeping system..this isn't a criminal matter at all..if I was going for a job in a shop they wouldn't contact my employer from ten years ago who is my fifth employer...in addition surely there is some human right not to have this silly information on my record for the rest of my life?It seems ludicrous whilst I worked for the police three chief constables were under investigation and I personally knew people in the same constabulary who were done for drinking and driving and death by dangerous driving but were still kept on..yet I am accused of a minor thing which was untrue and get punished for the rest of my life..how can that be right? There must be some law under human rights something as this is unjust..!
Customer: replied 1 year ago.
If a good solicitor can almost guarantee to get footballers off speeding tickets etc ..there must be something in some law somewhere where I can get justice..this is just so unfair..I have done absolutely nothing whatsoever wrong yet am being punished massively...I will lose my job if this doesn't go through...my wife is pregnant we have no where stable to live and I was chosen to perform this job, if I lose it it's just totally unjust ..
Expert:  Ben Jones replied 1 year ago.
From your perspective this is a bad reference, but if it is factually correct - it is not, it is legally acceptable. So whilst I completely understand your frustration, i cannot tell you that there is something which will guarantee you getting this job, there isn't and I cannot make one up either I'm afraid. The police do not owe you a job even if you are the nicest person in the world with not a speck on your record, I have to be clear. Unless discrimination is involved they can use whatever reasons they want to determine if they should employ someone or not - it is the employer's prerogative. I am sorry I cannot tell you a way to resolve this, I wish I could, but I obviously have to be honest
Customer: replied 1 year ago.
Hi, I'm not sure if you are understanding this correctly or have not read back...some factsI have the job Iam doing the job without problem and well and it is nothing to do with the police it is not in the police it has nothing what so ever to do with the police..however I am pending vetting through DBS .... I "think" as I have to say on the forms that I served with the police that they check the police force concerned ...I left a long time ago as I was leaving to do another job it was just at the time of leaving I was suspended for a monorail allegation nothing criminal and it wasn't true..my choice was stay and fight and lose my new job or leave and (I thought ) that would be it ...So, as I am not allowed to know if it's the police who are stopping my vetting this. It's be illegal surely as this is being used as a reference not security vetting ..I have done nothing wrong..so the police are using this as a reference not security vetting and then hiding it from me because I'm not allowed to know....so this cannot be correct ..I understand your point that a reference has to be factual ...this isn't a re fence it's security vetting but they are giving me a bad reference in effect..which I cannot check so don't know what they are saying. Even someone who has been convicted of a crime has some rights I haven't done anything and yet am continually punished by the police for having done nothing wrong whatsoever..surely even the European court of human rights could do something as this is just wrong .
Customer: replied 1 year ago.
So I didn't get a response..and I was charged..gee thanks!
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
I can confirm the answer you have had is correct.
Customer: replied 1 year ago.
Well, some points
1. I thought I didn't have to pay unless I was happy yet the amount has been removed from my account..!
2. I feel I haven't been understood as I don't work for the police and this is about security vetting through DBS (please look up DBS if you don't know what it is) so, my fear is the police are using DBS as a secret way of vetting people as there is no come back
3. My question about being able to take it further European court of human rights etc totally ignored..!
Expert:  Jo C. replied 1 year ago.
I don't think there is anything I can add to my colleague's answer I'm afraid.
Opting out.

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