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Blacklist Could Backfire on Bosses Playing Big Brother- 11/06/2008
Share details of bad leavers at your peril, an employment expert has warned Black Country company bosses.
The recently-launched National Staff Dismissal Register (NSDR) may seem like manna from heaven for employers seeking to share information on dodgy workers, but they could face legal action FBC Manby Bowdler LLP associate solicitor Shaista Anjam warns.
The NSDR holds and shares details of people dismissed from a company while under suspicion of:
- Theft, or attempted theft;
- Falsification or forgery of documents;
- Fraudulent acts;
- Damaging company property;
- Causing a loss to the company or another party.
She says: “This new list may sound to some like an Orwellian nightmare but it is really happening. Employers should be careful of adding any previous employee’s details to it as they could risk libel action and breaching data protection rules.
“One of the key issues with the NSDR is that it will include details of workers who have only been accused of theft and dishonesty, regardless of whether they have been convicted of any crime or whether the police were ever contacted. Also, employees who resigned before facing disciplinary action can be included. This means that innocent people are likely to be added to the list.
“Another fear is that managers may use employees as scapegoats, or target them as part of a personal grudge.”
Once added to the NSDR it is likely that a worker’s job prospects will be severely limited, even if they never committed the crime of which they were accused.
The register is an initiative of Action Against Business Crime (AABC). Mike Schuck, chief executive of AABC, has defended the scheme by saying that theft by members of staff costs the British economy billions of pounds each year and that all participating companies will be obliged to abide by the Data Protection Act.
Additionally, workers will be able to appeal to change their entries if they find themselves wrongly on the register.
Shaista concludes: “Nonetheless, I would advise employers that are considering adding workers’ details to the list to tread very carefully due to the legal issues raised. Employers should seek professional advice before they take any action.”