Advice please (NVVP2 security clearance)

[ruffneck23]

So as some may have seen on other threads, I've been going through nvvp2 security clearance and failed the vetting due to a recent diving ban and a couple of CCJ's, I've appealed and am awaiting a response. My boss has basically told me If I don't win the appeal they can't really employ me , although I'm now entering my 9th of employment, but they are keeping me on as it would be bad for the company if I left right now. So I'm in a holding pattern.

Anyway to get to the actual point. I have a copy of the job spec sent to me, and no where does it say I needed to get security clearance , if it had I wouldn't have gone for the job.

If they want to get rid of me where do I stand as I feel the job was mis sold. How easy is it now to get.rid of me ? Would they have to pay.me.off to get rid of me? ( I don't want to leave as I love.my job )



Thanks in advance

 

[yield]

"I'm now entering my 9th of employment" 9th what?

 

[Elpenor]

With less than two years service (as I think you mean 9 months), you really don’t have that many employment rights. So AIUI they don’t have to do anything other than pay off your notice and annual leave.

 

[kalidarkone]

"I'm now entering my 9th of employment" 9th what?

I think it's 9th month.

Are you in a union?

 

[farmerbarleymow]

Anyway to get to the actual point. I have a copy of the job spec sent to me, and no where does it say I needed to get security clearance , if it had I wouldn't have gone for the job.

I'm not a lawyer, but would have though the job advert should have been clear enough on this requirement - as you say, it then lets people decide whether or not to apply. But did the need for clearance arise after you'd started, possibly due to some changes in what work you were doing? If that is the case it might weaken your position in using this line of argument.

 

[ruffneck23]

"I'm now entering my 9th of employment" 9th what?

9th month sorry didn't proof read the post.

 

[contadino]

If you're already in the job, you'll have a contract of employment. If it says that the employer can change the terms of the contract without your agreement, then...you don't really have a leg to stand on. Otherwise, unless they've previously agreed with you that as of a certain date clearance is a condition of employment, then it sounds like constructive dismissal.

I'm no expert in employment law, so take with a big pinch of salt.

 

[ruffneck23]

I'm not a lawyer, but would have though the job advert should have been clear enough on this requirement - as you say, it then lets people decide whether or not to apply. But did the need for clearance arise after you'd started, possibly due to some changes in what work you were doing? If that is the case it might weaken your position in using this line of argument.

No the only.time I realised was.after I started.

 

[ruffneck23]

I think it's 9th month.

Are you in a union?

Nope , no union in my.line of business

 

[baldrick]

Could try giving ACAS a call & see what they say.

 

[MBV]

Is there anywhere in the business you can work that has a less strict vetting requirement?

 

[ruffneck23]

Is there anywhere in the business you can work that has a less strict vetting requirement?

Well, yes there is an IT systems manger job going which won't require the clearance but it won't be remote, which I kinda want tbh , they are closing down the windsor office and moving to the city. I really don't want to commute into London again as it will be really expensive, first world problem I know...

 

[MBV]

Well, yes there is an IT systems manger job going which won't require the clearance but it won't be remote, which I kinda want tbh , they are closing down the windsor office and moving to the city. I really don't want to commute into London again as it will be really expensive, first world problem I know...

How much influence does your boss have? Can you get him onside to get to some sort of hybrid working arrangement for this systems manager job? It may give you some breathing room to find something in a less regulated sector.

What a crap situation.

 

[equationgirl]

Nope , no union in my.line of business

You can join any union, whether or not there is representation in your workplace.

That said, you 't join a union and expect their assistance on an immediate issue, there's normally a waiting period. Think of it like insurance as the esteemed Puddy_Tat always says - you wouldn't phone up the claims line when your house is already on fire.

 

[equationgirl]

I would ask them why the security clearance requirement wasn't explicitly mentioned in the job description or indeed during the interview process.

As you currently do not have the right to take them to tribunal for any reason except the ones where the statutory characteristic would apply, your best bet may be to negotiate a transfer as outlined above.

What I will say is the clearance process has taken waaaaaaaaaaay longer than predicted.

 

[ruffneck23]

Thank you all very much for getting back to me, this is why I love this place (apart from the odd judgemental so and so.)

 

[ruffneck23]

I would ask them why the security clearance requirement wasn't explicitly mentioned in the job description or indeed during the interview process.

As you currently do not have the right to take them to tribunal for any reason except the ones where the statutory characteristic would apply, your best bet may be to negotiate a transfer as outlined above.

What I will say is the clearance process has taken waaaaaaaaaaay longer than predicted.

It's only taken this long as the onboarding person in HR fucked up because they didnt know what they were doing and had to start again from scratch 6 months into the job..

 

[ruffneck23]

If you're already in the job, you'll have a contract of employment. If it says that the employer can change the terms of the contract without your agreement, then...you don't really have a leg to stand on. Otherwise, unless they've previously agreed with you that as of a certain date clearance is a condition of employment, then it sounds like constructive dismissal.

I'm no expert in employment law, so take with a big pinch of salt.

The only time I realised was after I looked at the staff handbook, For what its worth, my boss doesn't care about the ccj's and driving ban, in the staff handbook it says no no to a criminal record, apart from driving offences. Its just that they need people with the vetting. However the only person I work with in the UK, who was my senior, left on Friday. I'm literally the only person in the UK branch who can do the job now.

 

[Supine]

Have you told your boss you failed due to a driving ban? They may not give a shit!

I was nervous about a CCJ I had when i went for a mortgage. They laughed when i told them I’d contested a parking ticket i got. Mainly because i don’t drive

 

[ruffneck23]

Have you told your boss you failed due to a driving ban? They may not give a shit!

I was nervous about a CCJ I had when i went for a mortgage. They laughed when i told them I’d contested a parking ticket i got. Mainly because i don’t drive

Yeah it all came to a head a couple of weeks ago when I told HR, my boss and my even bigger boss everything . I wants fussed about telling them about the ban, but telling them about my credit was fucking embarrassing.

 

[contadino]

Odd organisation that is happy to ignore driving offences, but not others.

If you intend to play hardball, make sure you get whatever waiver you need in writing.

 

[equationgirl]

Odd organisation that is happy to ignore driving offences, but not others.

If you intend to play hardball, make sure you get whatever waiver you need in writing.

Not necessarily.

If driving is not a requirement of the job pre-existing stuff may be irrelevant. If something else happens during the course of employment, most companies have policies and procedures for dealing with it.

However, it will depend on the type of the offence - a series of tickets compared to death or injury whilst driving, for example.

 

[equationgirl]

Odd organisation that is happy to ignore driving offences, but not others.

If you intend to play hardball, make sure you get whatever waiver you need in writing.

Hardball is not the best approach here, in my opinion. There is like no recourse under employment law that ruffneck23 could use as leverage. The only leverage he potentially has is the fact that previous UK expert left recently and he is now the only person in the uK organisation that does his particular job.

A more collaborative approach resolving in compromise of some sort is probably the best way to tackle this.

 

[ruffneck23]

Not necessarily.

If driving is not a requirement of the job pre-existing stuff may be irrelevant. If something else happens during the course of employment, most companies have policies and procedures for dealing with it.

However, it will depend on the type of the offence - a series of tickets compared to death or injury whilst driving, for example.

it was due to driving with cannabis in my system ( didnt really want to say it here, but fuck it may as well be honest.) My big boss said, we in the US are going through an evolution with regards to drugs and as it was mostly legal in the states, it would be hypocritical for him to judge me on that.

 

[WhyLikeThis]

I would recommend swiftly tidying up your CV. If your employer is dicking you about like this it’s time to move on.

 

[contadino]

I would recommend swiftly tidying up your CV. If your employer is dicking you about like this it’s time to move on.

This ^^^

Employer sounds pretty dodgy to me. Also make sure you have references sorted. Inept HR departments can cause all manner of problems.

 

[equationgirl]

it was due to driving with cannabis in my system ( didnt really want to say it here, but fuck it may as well be honest.) My big boss said, we in the US are going through an evolution with regards to drugs and as it was mostly legal in the states, it would be hypocritical for him to judge me on that.

Yeah, I remember from your previous thread.

You could point out that CBD products of all kinds are available in the UK now - I got sent some CBD laced skincare by Liberty of London last month, am pretty sure it's becoming more socially respectable in the UK even if the law is slow to catch up. If you are not in a safety critical role I don't see the issue. Weren't you using it for pain relief anyway? How's your health these days?

By that I mean if you can persuade them that it was a one off when you were desparate with the pain, plus you haven't driven since, hopefully that will help.

 

[equationgirl]

This ^^^

Employer sounds pretty dodgy to me. Also make sure you have references sorted. Inept HR departments can cause all manner of problems.

It's rare to find competence in HR, to be fair.

 

[ruffneck23]

Yeah, I remember from your previous thread.

You could point out that CBD products of all kinds are available in the UK now - I got sent some CBD laced skincare by Liberty of London last month, am pretty sure it's becoming more socially respectable in the UK even if the law is slow to catch up. If you are not in a safety critical role I don't see the issue. Weren't you using it for pain relief anyway? How's your health these days?

By that I mean if you can persuade them that it was a one off when you were desparate with the pain, plus you haven't driven since, hopefully that will help.

I have actually stopped smoking in the last couple of months or so, my back is kinda ok, I still have bad days but that's something I will have to live with. My bosses are cool about it and it's exactly what I have said in my appeal to the vetting people.

 

[equationgirl]

Fuck me my autocorrect has gone mental with all those wrong words in my posts on this thread. Think I have corrected them all now.

Also security clearance is done by the government not individual conpanies, which is why it can take so long, because they're processing for the whole of the UK. HR fucking it up will absolutely not have helped though.

I can also imagine that the rules are applied very strictly.