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Ben Jones
Ben Jones, Solicitor
Category: UK Law
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Experience:  Specialist in UK Legal Matters
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Hello, does an employee in the uk have the right to request

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Hello, does an employee in the uk have the right to request paper based DBS application form and can the employer refuse (also refusing to give it in writing or allowing employee to talk to HR personally, but relaying info ) and require that employee should resign? Enhanced vetting is required because of the job and vetting has been outsourced to third party. Third party conducts it online and although first relayed infor that they do not accept paper base, later replied in email that they would  accept paper based application but employee should ask HR to provide paper form.  I really appreciate your advice. As I have been asked now a few times to hand in resignation. I would like to carry on working there and by no means refusing to comply , in fact  am eager to supply data paper based is there relevant legislation, guidance etc, please? Thank you very much.

Submitted: 2 years ago.
Category: UK Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

I have startedmy third week

Expert:  Ben Jones replied 2 years ago.
There is nothing in law that states a DBS application has to be provided in writing so the employer or the company undertaking the check can decide whether this is done online, in paper or by other means.

In terms of the actions taken by the employer, where they may be asking you to resign, then unfortunately your rights will be rather limited. If you have been continuously employed at your place of work for less than 2 years then you will not be protected against unfair dismissal. This means that your employer can dismiss you or force you to resign for more or less any reason, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So the employer is able to either dismiss you or force you to resign in the circumstances because I see no evidence to suggest that their decision is based on any of the protected characteristics mentioned above.

You can complain to the employer internally but it would not prevent a potential dismissal/resignation.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 40521
Experience: Specialist in UK Legal Matters
Ben Jones and 3 other UK Law Specialists are ready to help you
Customer: replied 2 years ago.

For Ben Jones: Thank you for your reply. Should not company disclose what they expect from employer before employing them and employee has already started working, especially if their data is to be handled by third party? Does the individual have no right to know? And does an employee not have the right to contact HR directly? many thanks.

Expert:  Ben Jones replied 2 years ago.
they do not have to tell you how the vetting will be done, but they will have obligations to keep your personal data safe and secure. However that does not place an obligation on them to tell you whether the vetting will be paper based or online based.

There is nothing stopping you from contacting HR directly if you wanted to but that is not a legal right. So if you really wanted to you can get in touch with them directly as long as you had their contact details

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.

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