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EGeezer
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| [News] National Staff Dismissal Register (NSDR)
This seems to go more than a little over the edge. I can see this process being used nefariously by employers threatening to put them on the database unless they agree to pay cuts, hours without pay, personal services etc.
said by article :
Employees who are dismissed for dishonesty or who resign before they can be dismissed will be added to the National Staff Dismissal Register (NSDR), which can be searched by prospective employers when conducing a background check on a job candidate.
I can envision a scenario;
said by crooked employer :
"You had that company pen in your pocket when you left for home(or, you said on your application you graduated university in 1989, we found it was 1988) we have the video/evidence.
You're out of here, on the list and will never work again. However, if you'll take a pay cut and clean my house twice weekly I might reconsider..."
Article here.
More here.
It appears putting someone on the list is fairly simple, but would be a bureaucratic maze to appeal and reverse a wrong listing.
So, is this thing as stupid as it seems on the surface?
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jvmorris
I Am The Man Who Was Not There.
Premium,MVM
join:2001-04-03
Reston, VA | Yes, invites all sorts of abuse and coercion with no safeguards.
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Joseph V. Morris | |
poacher 1rtd
R.I.P. Desert orchid
Premium
join:2004-02-25
oxford UK
| reply to EGeezer
I`ve never heard of this before, thank you mr E Geezer for finding it, I`ve had some bad managers and supervisors before, the last lot being the worst, I could see them threatening people with, if you don`t do this I will have you blacklisted, it was if you don`t do this you know where the gate is.
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pauldenton
join:2003-12-20
London
| reply to EGeezer
said by EGeezer  :It appears putting someone on the list is fairly simple, but would be a bureaucratic maze to appeal and reverse a wrong listing. hmm - i suspect that anyone putting information on this list is highly vulnurable to being sued for defamation (just as anyone writing a reference is...)
quote:
English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual or individuals in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them. Allowable defenses are justification (the truth of the statement), fair comment (whether statement was a view that a reasonable person could have held), and privilege (whether the statements were made in Parliament or in court, or whether they were fair reports of allegations in the public interest). An offer of amends is a barrier to litigation. A defamatory statement is presumed to be false unless the defendant can prove its truth. Furthermore, to collect compensatory damages, a public official or public figure must prove actual malice (knowing falsity or reckless disregard for the truth). A private individual must only prove negligence (not using due care) to collect compensatory damages. In order to collect punitive damages, all individuals must prove actual malice.
»en.wikipedia.org/wiki/English_defamation_law
quote:
A spokeswoman for the Information Commissioner's Office said companies will not be allowed to use an entry on the register as the sole reason to deny a job applicant employment. The Data Protection Act insists that people are told when they are added to the database, told when their entry is accessed, and gives them rights to correct any inaccuracies. Hicom has worked closely with data protection officials to ensure compliance, she said.
The regulations mean that only allegations made after the NSDR goes live can be included.
Libel lawyer Razi Mireskandari, a partner at London firm Simons Muirhead and Burton*, warned that employers who record their suspicions on the database could easily face claims for defamation. Even if the allegation is not accessed by other firms, a case could be made, he said.
Mireskandari cautioned: "Frankly, if I have CCTV showing someone stealing from the cash register, then I'm confident I can sack that person, but I wouldn't want to share that information. It's a real risk."
He argued that the ICO assurances mean nothing in respect to the likelihood of libel actions: "Data protection is totally separate from defamation."
He said one likely strategy for aggreived workers' lawyers would be to attack Hicom's ISP with a defamation claim, to have the NSDR taken offline.
»www.theregister.co.uk/2008/05/09···egister/
in fact, thanks to the Rehabilitation of
Offenders Act someone with "spent" convictions can sue someone for libel if they are revealed, even though it's simply a statement of fact.
some discussion here
»www.legalbanter.co.uk/uk-legal-l···ter.html
i particularly liked:
quote:
So when you get report from Harrods describing someone as a suspected murderer what do you do?
Will you still employ Prince Philip?
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