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My daughter has failed a security vetting because when she…

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My daughter has failed a...
My daughter has failed a security vetting because when she was 17 she worked irregularly as a part-time waitress in our local pub and did not recieve any pay slips. The vetting company say she worked illegally and therefore cannot be worthy of a place in a security company because such employees must have integrity and honesty. She had no idea that she should have received a pay slip and the amount earned was not very much. She is about to graduate with a degree in Criminology and Criminal Justice and wishes to work in the security industry. Does this finding mean that she will never pass any future vetting procedures and her whole future career is a non started?
Submitted: 6 years ago.Category: UK Employment Law
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Answered in 3 minutes by:
4/3/2012
Solicitor: Jo C., Barrister replied 6 years ago
Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 71,435
Experience: Over 5 years in practice.
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-Could you explain your situation a little more?

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Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,914
Experience: Qualified Employment Solicitor
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Hello and thank you for your question, which I will be happy to assist you with. My colleague asked me to look at this. Please let me know is she being enhanced or standard checked?
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Customer reply replied 6 years ago

My daughter has been refused a job with G4S security because she has failed the security vetting process as they believe her to have been working illegally in our local pub as a casual waitress when she was 17,(5 years ago). She put this work down on her application form as part of her work experience to date. I presume G4S checked with the Tax people to see if tax and NICS had been paid and there was no record of it as she had not been given a pay slip with her wages at the time. She earnt about £20 a night.

I believe she was being enhanced checked as the job was for the Olympic Games

Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Thanks for this information. I'm just offline for a short time but I will get to this tonight. Thanks for your patience.
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Customer reply replied 6 years ago
I have been waiting for a reply for a good couple of hours, will there be one shortly?
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Sorry I have only just returned. The results of this vetting process appear rather harsh. It is the employer's responsibility to provide its employees with payslips, not the employee's duty to make sure they are provided. Also she was 17 at the time - hardly would be reasonable of her to know the employment law requirements that applied and what she should have been asking for or looking for from her employer.

So to question her honesty and integrity is rather unreasonable. Saying that, an employer can choose whoever they wish to work for them as long as they are not discriminating in their choice. Discrimination would occur if the reason someone was not chosen was due to a protected characteristic, which includes gender, age, race, religion, disability, etc. Personal record or any of the factors that apply in this case are not a protected characteristic and will not be discriminatory if relied on. So even if she had a 100% clean record, they could still pick a reason that is not discriminatory to refuse to employ her.

I would hope that this case was an exception and that the vetting company were unreasonable in the circumstances. It is not a guarantee that a different vetting company on different day would have come up with completely different results. As such, she should not give up her career just because of this blip.

Please press Accept for the advice given so far. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
Ben Jones
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