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I Am Devastated And Outraged

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Old Sep 28th 2007 | 8:06 am
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Default Re: I Am Devastated And Outraged

Originally Posted by Fleaflyfloflum
I'm being a whinging pom arent i? ....lol ahhh well...
I don't think you're whinging at all. I'd be f**king furious too.
 
Old Sep 28th 2007 | 8:18 am
  #17  
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Default Re: I Am Devastated And Outraged

What a nightmare for you. One thing though I'd like to know is if they even did a clearance check? If not why? And if so; what came up as you have a right to know. I start asking some of those questions.
 
Old Sep 28th 2007 | 8:26 am
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Default Re: I Am Devastated And Outraged

Originally Posted by Fleaflyfloflum
Hi Julie

No the contract says nothing about subject to security clearance. I have double checked that. Their letter basically welcomes me to their employ and the contract is pretty bog standard apart from ramming it down my throat about the secrecy act and confidentiality agreement.

Thanks for outlining the possible reasoning behind it. I did think about that earlier this evening. I can see some of the reasons why they would not want to pay out, but this is a huge huge company not a tin pot outfit. I am not sure it would be wise to mention their name on here so i wont for now, but these people have no excuse to have any confusion over it. They are responsible also for the rebuilding of the Military HQ worth billions of GBP and many other corporate interests in UK and abroad.
If they had said at interview my time out of country was an issue, then fair enough, but to tell me i got the job, put me on payroll, let me turn up for work and then pull the rug out form under me is extremely unfair as i have had to make a lot of changes to fit around this job, which has all been a complete waste of time.

I'm being a whinging pom arent i? ....lol ahhh well...
You are NOT whingeing. Fight them if obtaining security clearance was not one of the conditions laid down in writing to work for them. Consult a lawyer experienced in labour law and get an opinion. Like that you will have an idea whether to continue pursuing them or not. The consequences of their letting you down so badly are quite serious and that should be spelt out to the lawyer. Good luck! Going through a union was good advice given here. You could follow that route too. Technically surely you were a member of personnel of that company when you turned up the first day.
 
Old Sep 28th 2007 | 8:27 am
  #19  
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Default Re: I Am Devastated And Outraged

Originally Posted by JULIEROSE
What a nightmare for you. One thing though I'd like to know is if they even did a clearance check? If not why? And if so; what came up as you have a right to know. I start asking some of those questions.
Yes, it is a huge nightmare as my kiwi husband is stuck in Sydney until he gets his spouse visa to enter UK, and i have to show that i have enough earnings to support him until he gets a job.

I am pretty sure they havent even started a security check because i got taken into the checking office on my first day and the lady said she was going to hold my clearance forms until they got a decision on the rules first.
I will get my firend who is a manager in there to see what she can find out on Monday.
 
Old Sep 28th 2007 | 8:33 am
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Default Re: I Am Devastated And Outraged

Originally Posted by Fleaflyfloflum
Hi Julie

No the contract says nothing about subject to security clearance. I have double checked that. Their letter basically welcomes me to their employ and the contract is pretty bog standard apart from ramming it down my throat about the secrecy act and confidentiality agreement.

Thanks for outlining the possible reasoning behind it. I did think about that earlier this evening. I can see some of the reasons why they would not want to pay out, but this is a huge huge company not a tin pot outfit. I am not sure it would be wise to mention their name on here so i wont for now, but these people have no excuse to have any confusion over it. They are responsible also for the rebuilding of the Military HQ worth billions of GBP and many other corporate interests in UK and abroad.
If they had said at interview my time out of country was an issue, then fair enough, but to tell me i got the job, put me on payroll, let me turn up for work and then pull the rug out form under me is extremely unfair as i have had to make a lot of changes to fit around this job, which has all been a complete waste of time.

I'm being a whinging pom arent i? ....lol ahhh well...

I think you should at least take legal advice on this on what to do next and if there are grounds to take this further.

Personally I dont think CAB are specialised enough either and agree that it would be worth seeing a solicitor just this once, and doing research as to which would be the best solicitor - check test cases and/or research for similar and who represented them.

At the very least you should get some answers if not a bit of compensation for your inconvenience. At best - well who knows because from what you have said, they are so in the wrong that they would have some serious arse licking to get on the right side of employment law.

But please dont give up, because I have a feeling on this as I am sure will many others, you are not only in the right, but you would win.

Some organisations just hope that the 'little people' will go away with a formal letter and some brainwashing claptrap.

You are too smart and an intelligent woman to let that happen. Grab them by the nuts and take them to court.

 
Old Sep 28th 2007 | 9:31 am
  #21  
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Default Re: I Am Devastated And Outraged

Originally Posted by Fleaflyfloflum
Yes, it is a huge nightmare as my kiwi husband is stuck in Sydney until he gets his spouse visa to enter UK, and i have to show that i have enough earnings to support him until he gets a job.

I am pretty sure they havent even started a security check because i got taken into the checking office on my first day and the lady said she was going to hold my clearance forms until they got a decision on the rules first.
I will get my firend who is a manager in there to see what she can find out on Monday.
I do wish you the best of luck in this. You have been so badly treated.
 
Old Sep 28th 2007 | 11:55 am
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Default Re: I Am Devastated And Outraged

I'm no legal boffin, but I would be looking at taking this further as it sounds like a case of breach of contract to me.

I'm so sorry this has all fallen through for you as you were so looking forward to this job. I really hope something comes along quickly just as good.
 
Old Sep 28th 2007 | 11:58 am
  #23  
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Default Re: I Am Devastated And Outraged

Originally Posted by Professional Princess
You are too smart and an intelligent woman to let that happen. Grab them by the nuts and take them to court.

I think this is, possibly catastrophically, bad advice. Your job offer will have been made subject to satisfactory security clearances. The fact these could not be obtained (the reason why is irrelevant) means no liability on the part of your employer.

If you can't get legal aid (quite likely as legal aid cases have to pass a 'legal merit' test) and then lose the case (again quite likely) you will be on the hook for the other side's doubtless astronomical costs.

It sucks and you have my sympathy but my advice is to put it behind you and move on.
 
Old Sep 28th 2007 | 12:13 pm
  #24  
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Default Re: I Am Devastated And Outraged

Originally Posted by HCJ
I think this is, possibly catastrophically, bad advice. Your job offer will have been made subject to satisfactory security clearances.
It really depends on whether that was stated in the offer letter, I would have thought.
 
Old Sep 28th 2007 | 1:48 pm
  #25  
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Default Re: I Am Devastated And Outraged

Originally Posted by JAJ
It really depends on whether that was stated in the offer letter, I would have thought.
Exactly
In my experience with the police in the UK and the govt over here (Aus), it has to say in the letter and contract that the offer is subject to the relevant police and security checks. They will often start staff before security checks are completed, especially if they have to check with agencies abroad, hence they need a coverall in the offer, so that if info comes back making the person unsatisfactory for the job, they can be asked to leave. Same as referees - if they haven't done reference checks prior to starting you in as job, they can make an offer "subject to the referee reports". When the CRB was brought in there were a lot of agencies having to offer jobs "subject to satisfatory CRB checks" because of the horrendous delays, and they had to cover themselves by stating it clearly in the job offer.

As it's the MOD you're dealing with, you need some seriously good legal advice, preferably from someone who has dealt with that type of contract before - defence and security. Motley Fool would be a good place to try and track down such a lawyer.

Good luck - I really feel for you.
 
Old Sep 28th 2007 | 2:12 pm
  #26  
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Default Re: I Am Devastated And Outraged

The residency requirement has always been there for jobs with the MOD and some other government departments. Specifically for the MOD, you cannot get DVA clearance without a minimum of three, usually five years prior residence. Some jobs require up to ten years residence in the UK prior to appointment. Unfortunately, the private company screwed up, and I doubt you will have any recourse.
 
Old Sep 29th 2007 | 12:36 am
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Default Re: I Am Devastated And Outraged

Hi Flea

What a nightmare mate. Cant believe you were treated like that. Hope you're going to consult a lawyer. You must be so mad after thinking you were sorted, job ready to go to, one you liked too and on the way to getting your hubby over too.
Knobbies!
take care
Tanya
 
Old Sep 29th 2007 | 1:27 am
  #28  
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Default Re: I Am Devastated And Outraged

Having worked in personnel within MOD prior to moving to Oz, all jobs I know of are subject to security checks, however we would sometimes take people on short term contracts until their checks came through with it being stated that should the checks show something up, then the job offer was withdrawn. Did the job description state it was a reserved post ??(this roughly means it is not open to non British citizens and has residency implication too). Personally I would contact MOD Main Building in London and ask to speak to someone about the employment rules & policy as the way you have been treated I would say that someone has not followed proper procedures and you may not have been informed of the full processes.

Last edited by gobbyjock; Sep 29th 2007 at 1:30 am.
 
Old Sep 29th 2007 | 1:40 am
  #29  
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Default Re: I Am Devastated And Outraged

Originally Posted by dingbat
The residency requirement has always been there for jobs with the MOD and some other government departments. Specifically for the MOD, you cannot get DVA clearance without a minimum of three, usually five years prior residence. Some jobs require up to ten years residence in the UK prior to appointment. Unfortunately, the private company screwed up, and I doubt you will have any recourse.
She may not have any recourse against the MOD but could well have a case against the company if they did not make the security clearance requirement clear before hiring.
 
Old Sep 29th 2007 | 2:00 am
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Default Re: I Am Devastated And Outraged

Originally Posted by Fleaflyfloflum
Hi Julie

No the contract says nothing about subject to security clearance. I have double checked that. Their letter basically welcomes me to their employ and the contract is pretty bog standard apart from ramming it down my throat about the secrecy act and confidentiality agreement.

Thanks for outlining the possible reasoning behind it. I did think about that earlier this evening. I can see some of the reasons why they would not want to pay out, but this is a huge huge company not a tin pot outfit. I am not sure it would be wise to mention their name on here so i wont for now, but these people have no excuse to have any confusion over it. They are responsible also for the rebuilding of the Military HQ worth billions of GBP and many other corporate interests in UK and abroad.
If they had said at interview my time out of country was an issue, then fair enough, but to tell me i got the job, put me on payroll, let me turn up for work and then pull the rug out form under me is extremely unfair as i have had to make a lot of changes to fit around this job, which has all been a complete waste of time.
What level security clearance was required? For top level clearances the nationality/residence rules may go well beyond just being a British citizen.

For lower level clearances they often like to do a credit check and this can cause issues for those newly resident in the United Kingdom (or returned to the U.K.)

In some cases there is a work-around this by completing a financial questionnaire:
http://www.mod.uk/DefenceInternet/Ab...nalFinance.htm
 


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