Urgent advice required, Please help

[myjobprobs1]

Hi All,

I was working as a contractor and got a new job as a permanent. I didn't accept the extension and went to home for holidays so that I can join on time to my new employer.

I came on the said date and was told that I can't join as the verification checks aren't complete because they had forgotten to take signature from me, which will allow them to get information required for verification checks. I was told to sign the document so that they can finish. I did the same and was waiting waiting since 12/01 till today, when I got a call from the PM saying that we are sorry it took lot of time. I said it is OK, but then can the real news. He said that they had done some world criminal check and that came positive for me and then they did other extended checks but none showed 100% that the person in the check isn't me. So based on this we can't offer you.

Let me tell you that in my life till now I have never ever any police case or court case registered against me. Can I file a legal case against them.

Please suggest what to do. As I had left my last job becasue of this offer and also moved to new city.

[netacct]

First big mistake Do not stop looking for a job until you have firm job offer and actually join. Its more practical approach.

I will at least ask them to show the proof of their findings and WOULD definitely threaten them to take to the court...Its king of recession outside...[/b]

[myjobprobs1]

Thanks a lot for your response.

I agree that it was my mistake to stop looking for job, but you wouldn't beleive that everything was looking so settled that I stopped looking for a new job.

I am also thinking the same that I will tell them that I will take you to court because when I today asked about the details, they said that they can't give me more.

[netacct]

The plain and simple fact is that its not true...
Go to employment tribunal...do Google on it...
I WOULD during this recession...

[myjobprobs1]

I request all the senior people to give your advice.

[vin123]

Hi All,

I was working as a contractor and got a new job as a permanent. I didn't accept the extension and went to home for holidays so that I can join on time to my new employer.

I came on the said date and was told that I can't join as the verification checks aren't complete because they had forgotten to take signature from me, which will allow them to get information required for verification checks. I was told to sign the document so that they can finish. I did the same and was waiting waiting since 12/01 till today, when I got a call from the PM saying that we are sorry it took lot of time. I said it is OK, but then can the real news. He said that they had done some world criminal check and that came positive for me and then they did other extended checks but none showed 100% that the person in the check isn't me. So based on this we can't offer you.

Let me tell you that in my life till now I have never ever any police case or court case registered against me. Can I file a legal case against them.

Please suggest what to do. As I had left my last job becasue of this offer and also moved to new city.

Was it a govt organisation or a private sector company?. When you had the offer letter, was there anything mentioned about the offer is subjective to background checks or Security Clearance ?.
From what you have explained, it appears to me that they have done some vetting on you, and then matched it with some person who has a criminal background living in the same address. Such cases are rare, but they do happen.
I find it hard to believe about this "world criminal check" .....As far as I'm aware, there is nothing like that in that UK. May be you want to talk to the employer's HR dept and ask them to give you an explanation in writing.
a)what was the check and how/when was it done
b)provide the details of the check in writing

[republique]

...world criminal check and that came positive for me and then they did other extended checks but none showed 100% that the person in the check isn't me. So based on this we can't offer you.

Please suggest what to do. As I had left my last job becasue of this offer and also moved to new city.

Well I wouldn't have waited for 2 months for them to get their act together. In any case, go get a credit report and like another poster said asked what checks they did and get them done for yourself to see what is in your profile.
Obviously you wouldn't want that to happen again for future jobs.

In any case, you are stuffed, go get another contract job.

[myjobprobs1]

Thanks a lot for all those who responded. I would request others also to respond.

The company is a private sector and not a govt organisation. The offer had mentioned that the start date is subject to background checks.

I called them today again and asked for details but they are saying that they can't give me details like through which third party they did the check or what actually is in check.

One more starange thing is that they said that they will advertise the job again and I can apply again. I will never apply again.

[myjobprobs1]

I got a reply today with some details regarding the check. It is regarding some case which has happened in a place where I was not living at that time. Also they mentioned that the match is purely only on the basis of name and not other details like date of birth.

I requested them today to give me a chance to prove that I have to do nothing with this incident because the The Employment Practices DP Code Part 1 says;

"Do not place reliance on information collected from possibly unreliable sources. Allow the applicant to make representations regarding information that will affect the decision to finally appoint"

Let me see what they will reply.

[SallyA]

That is horrendoud - definately demand an explanation! How can they hold it against you just because someone has the same name!

Im sure there are many people out there who share a name - this means nothing!

[myjobprobs1]

I got a reply saying that they can't hold offer for me and are going to recruit a new person for that position. I don't know now what to do in this case.

[SallyA]

Definately Seek Legal advice thats wrong!

[sharat]

It appears like you have a case - should talk to an employment solicitor detailing every aspect with documentation to support.
There may be a few here hanging around in the board here - have n't you not had any private messages yet ?

[SallyA]

I agree don't let them get away with it its not fair and let us know the outcome

[myjobprobs1]

Thanks a lot for your advice.

I had received a letter from HR saying that they are withdrawing my offer because of unsatisfactory report from World Criminal Check. I replied to the same on Monday as:

===============
Dear Sir/Madam,

I had already conveyed to Mr. XXXXXXX verbally on and through a written email on that I am not involved in any wrong doings. I have also requested him on both occasions to give me a chance to prove that the report which you had received from Criminal Check is not related to me.

As per the Codes of Practice for Data Protection Act 1998, issued by the Information Commissioner which mentions Pre-employment Vetting:

Section 1:
1.6.6 Do not place reliance on information collected from possibly unreliable sources. Allow the applicant to make representations regarding information that will affect the decision to finally appoint.

Key points and possible actions
- Ensure that information that has been collected from a vetting process is evaluated in the light of the reliability of the sources.
- Ensure that no recruitment decision is made solely on the basis of information obtained from a source that may be unreliable
- Ensure that if information received will lead to the applicant not being appointed, then this will be made known to the applicant.
- Put in place a mechanism for providing this feedback, allowing the applicant to respond and obliging those involved in the recruitment decision to take this response into account.

Considering the above code of practices, please allow me to prove my non-involvement in any criminal activities. Also, I would again request to hold my offer until such time.
===============

I am now waiting for the response of this letter and in the meantime I got PCC(Police Clearance Certificate) from Indian Consulate. If they willn't respond or will respond by saying that no they will not give me a chance to prove my innocence then I will take them to court that is for sure. I will update here in which direction this will go.

[myjobprobs1]

As promised to those who tried to help me in this post that I will keep you updated what is going on. Here is the update.

I got the PCC(Police Clearance Certificate) from Indian High Commission and then one more certificate from the local police authorities where from I am and then submitted both to the company. I was told that they will look into them and will inform me. Got a letter on Monday saying that they had received my proof but they didn't mention that they are satisfied that I amn't invloved in any wrong doings. Rather mentioned in response to my last letter that they haven't breached(which I am sure they have) the code for Data proctection act. Then the letter also mentions that after the offer was withdrawn they had decided not to fill this opening due to some business change(another lie as they were earlier saying me to apply again) and because of that can't proceed with my application.

In the meantime I have approaced a lawyer who had sent them a letter on Tuesday and we are waiting for the response to that letter. I have decided to sue them for breach of contract and also discrimination on the basis of race.

[republique]

As promised to those who tried to help me in this post that I will keep you updated what is going on. Here is the update.

I got the PCC(Police Clearance Certificate) from Indian High Commission and then one more certificate from the local police authorities where from I am and then submitted both to the company. I was told that they will look into them and will inform me. Got a letter on Monday saying that they had received my proof but they didn't mention that they are satisfied that I amn't invloved in any wrong doings. Rather mentioned in response to my last letter that they haven't breached(which I am sure they have) the code for Data proctection act. Then the letter also mentions that after the offer was withdrawn they had decided not to fill this opening due to some business change(another lie as they were earlier saying me to apply again) and because of that can't proceed with my application.

In the meantime I have approaced a lawyer who had sent them a letter on Tuesday and we are waiting for the response to that letter. I have decided to sue them for breach of contract and also discrimination on the basis of race.

I am surprised that the attorney is on board with those two causes of action as there was no contract to breach and it clearly had nothing to do with race.

[myjobprobs1]

What happens if an employer withdraws a job offer?
If the offer's withdrawn before you have a chance to accept, or because you haven't met the conditions (for example, providing a 'satisfactory' reference), you can't take any action, unless it has been withdrawn for reasons of unlawful discrimination.

However, once you have accepted an unconditional offer, and the prospective employer withdraws it, you can claim for compensation for breach of contract.

Source: http://www.direct.gov.uk/en/Employment/ ... G_10026703

In my case it is the second case as the offer was accepted and also I have met all the conditions.

Regarding race it is because what if say someone with a common name is applying for a job from UK in Austalia someone like James/Steven. These names are so common that you can find any James or Steven in any database but doesn't mean every James or Steven is treated as a criminal. Also keeping in mind where the activity has happened it is thousand kilometers from the place where the person was living. Because the person who has done the criminal activity and I have same country doesn't mean they can treat everyone with that name from India as a criminal that too after getting confirmation from my employer, police and high commission. What else will you say to this, it is discrimination on the basis of race. If I would have been someone from UK itself with no Indian name then definitely they would not have treated me like this.

[republique]

What happens if an employer withdraws a job offer?
If the offer's withdrawn before you have a chance to accept, or because you haven't met the conditions (for example, providing a 'satisfactory' reference), you can't take any action, unless it has been withdrawn for reasons of unlawful discrimination.

However, once you have accepted an unconditional offer, and the prospective employer withdraws it, you can claim for compensation for breach of contract.

Source: http://www.direct.gov.uk/en/Employment/ ... G_10026703

In my case it is the second case as the offer was accepted and also I have met all the conditions.

Regarding race it is because what if say someone with a common name is applying for a job from UK in Austalia someone like James/Steven. These names are so common that you can find any James or Steven in any database but doesn't mean every James or Steven is treated as a criminal. Also keeping in mind where the activity has happened it is thousand kilometers from the place where the person was living. Because the person who has done the criminal activity and I have same country doesn't mean they can treat everyone with that name from India as a criminal that too after getting confirmation from my employer, police and high commission. What else will you say to this, it is discrimination on the basis of race. If I would have been someone from UK itself with no Indian name then definitely they would not have treated me like this.

the offer was pending the criminal check.
AS for that scenario regarding discrimination that can happen with any culture or ethnicity so unfortunately, there is no case as far as I can see

[myjobprobs1]

But there was no problem in the criminal check as I don't have any criminal record, what about that.

[republique]

But there was no problem in the criminal check as I don't have any criminal record, what about that.

Yes there was a problem, you mean you cleared it up later
Well timing is everything
end result, no case

[myjobprobs1]

The problem was I agree but that is something if you look at something wrong that was not my problem. They looked throughout the world with my name that too the email which was sent to to me says that it is the first name only which matches and nothing else like date of birth or address.

[myjobprobs1]

Also what about that they wanted me to apply again say if I was not a clear record why they wanted me to apply again. To be hones I never understood that why they were saying me to apply again. I think if I would have applied they would have straight forward reject me without short listinng and then would have said later that we got candidates with much better experience than you.

I appreciate your comments.

[netacct]

I think you may NOT have case against race discrimination but definitely breach of contract...

I would pursue the matter...

There is a saying "You regret if you don't do but you don't if you do".

[myjobprobs1]

Thanks a lot for your response. Lets us see, I got a bit afraid when republique said that there is no case at all.