Suspended from work - on no pay.

Discussion in 'Employment & HR' started by SB1967, Sep 13, 2019.

  1. SB1967

    SB1967 UKBF Newcomer Free Member

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    Suspended from work on no pay, whilst my DBS (enhanced) renewal is processed.

    Hello all, I was wondering if anyone could offer me some advice. I have been employed by the same organisation for almost 14 years. When I first started working for them we were not required to apply for a CRB / DBS (enhanced) check, but it became a requirement for most roles within our organisation. The details on all of my DBS checks have not changed. We are required to apply for and renew our DBS’s every three years. My organisation has recently altered its policy document in respect of these disclosures as part of its new recruitment of staff initiative. It declares that all staff who allow their DBS (enhanced) checks to run out and are waiting for an upto date DBS renewal to arrive, will be suspended on no pay.
    I have currently been suspended on no pay.
    I find myself in limbo, as although I use the online check about 5 times every day - it gives me no idea of why my check is taking so long and more to the point when the new check will arrive. I can ring an 0300 number which directs me to the DBS service in Liverpool. Every day I speak to them - but they cannot send a request to the Police until my check has been with them for 60 days. Currently, my own DBS renewal has been with the Police for 57 days. I am beginning to pull my hair out, as I am a single father, with two children, a mortgage, car and other commitments and currently feel a little as though I have no control over this situation.
    I would appreciate any advice.
    Many thanks.
     
    Posted: Sep 13, 2019 By: SB1967 Member since: Sep 13, 2019
    #1
  2. Mr D

    Mr D UKBF Legend Free Member

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    You are employed by the employer, not a contractor or something?
     
    Posted: Sep 13, 2019 By: Mr D Member since: Feb 12, 2017
    #2
  3. SB1967

    SB1967 UKBF Newcomer Free Member

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    I am employed. I am contracted to 38.5 hours per week, but often work more (my choice).
     
    Posted: Sep 13, 2019 By: SB1967 Member since: Sep 13, 2019
    #3
  4. Mr D

    Mr D UKBF Legend Free Member

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    And your employment contract allows them to suspend you without pay?
     
    Posted: Sep 13, 2019 By: Mr D Member since: Feb 12, 2017
    #4
  5. SB1967

    SB1967 UKBF Newcomer Free Member

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    The honest answer is I really don’t know.
    My gut tells me that it is completely unreasonable to expect an employee to be able to survive without pay.

    The firm have recently altered their DBS policy, introducing this ‘no pay’ situation. By recently, I mean within the past couple of years. I have not received a new contract outlining this. The suspension letter I have received says that I
    “ ... will be suspended from duties without pay, until I can provide them with the original DBS certificate. This is in line with the DBS policy statement which forms part of their recruitment selection & probation policy .. “
    Hopefully my latest DBS will arrive in the next couple of days and I will be able to return to work.
    Albeit with the past two weeks on no pay ?
     
    Posted: Sep 13, 2019 By: SB1967 Member since: Sep 13, 2019
    #5
  6. Gordon - Commercial Finance

    Gordon - Commercial Finance UKBF Ace Free Member

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    So read the contract.

    57 days have elapsed - what has changed that means you can't wait another 3...?
     
    Posted: Sep 13, 2019 By: Gordon - Commercial Finance Member since: Jun 26, 2017
    #6
  7. MBE2017

    MBE2017 UKBF Ace Free Member

    1,022 268
    Hate to tell you this, but many enhanced DBS are being badly delayed due to the police not having the staff or inclination to do them. I have heard of delays running into several months, hopefully yours will not be too long but you might want to consider taking other work just in case.
     
    Posted: Sep 13, 2019 By: MBE2017 Member since: Feb 16, 2017
    #7
  8. SB1967

    SB1967 UKBF Newcomer Free Member

    6 0
    Thanks all for your replies.

    I received my original contract in August 2006, when there was no requirement to have a CRB/DBS check done. They have since created a standard operating procedure, which requires all staff to have an enhanced check, stipulating that all staff require them updating every three years. Similarly, they have altered their SOP, to say that staff will be suspended on no pay if their 3 yearly check expires.They have not issued all staff with revised contracts of employment.

    I have waited 57 days, my anxious post was written after I had read many horror stories about Police delays, some waiting 100 days, without reason or explanation, because they were ‘busy’. Today, I logged onto the renewal tracking service and it tells me that my DBS has been past for printing, so I hope to sort this problem soon and get back to work.

    I have also been told also that the firm will allow me to use my outstanding annual leave in place of no pay, which helps me financially. However, I feel that this does not seem fair. I had saved some annual leave to spend with my family after Christmas.
    Now I will have to use all of my leave or go without pay.
    I guess the question should ask if my employer are allowed to alter this rather significant policy without changing all of our contracts of employment?
     
    Posted: Sep 13, 2019 By: SB1967 Member since: Sep 13, 2019
    #8
  9. Mr D

    Mr D UKBF Legend Free Member

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    It may be legal. This is where I would suggest a union membership would come in handy if you are in one.

    And delays can happen, 60 days may be just a start.
    Edit - glad to hear it's progressing.
     
    Posted: Sep 13, 2019 By: Mr D Member since: Feb 12, 2017
    #9
  10. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

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    Who is paying for this check as it sound like it is your responsibility, It seems strange to me that your employer is not responsible for the upkeep of a up to date certificate ( but never being involved in these checks its well outside my area of expertise)
     
    Posted: Sep 14, 2019 By: Chris Ashdown Member since: Dec 7, 2003
    #10
  11. Newchodge

    Newchodge UKBF Big Shot Free Member

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    Yes, they can. They have notfied you in writing of the change. In essence your employment contract is frustrated as your employer. through no fault of their own, cannot employ you.

    If you were a lorry driver whose driving licence had expired it would be the same situation.
     
    Posted: Sep 14, 2019 By: Newchodge Member since: Nov 8, 2012
    #11
  12. SB1967

    SB1967 UKBF Newcomer Free Member

    6 0
    Again, thank you for your help.

    The DRB people offer an update service, which keeps the whole disclosure live or constantly updated. I have paid the subscription, which I believe I can reclaim, and hopefully will not ever be in this position again.

    The whole DRB check is a snapshot of a persons criminal past as of the day it is processed. It does not expire, like a driving licence. The Commissioners who fund our organisation have stipulated that it requires the check to be done on all staff that we employ, every three years. That said, I do think what you have said Cyndy is correct, and I must thank you for that.

    I let my trade union membership lapse after being a member of UNISON (formerly NALGO) from 1986 to 2004 and GMB since 2006 to 2016. I asked for their help on a couple of occasions and unfortunately felt let down on both counts. I get that any pay rises resulting from negotiations are because of our trade unions, but again over the past few years have felt a little underwhelmed by their influence, so are no longer a member.
     
    Posted: Sep 14, 2019 By: SB1967 Member since: Sep 13, 2019
    #12
  13. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

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    Ever since the 1970' when they started to merge the small unions then represented distinct groups of workers, all in the same industry, into major universal unions, the unions have put more resources into politics rather than the job they were set up for protecting their members
     
    Posted: Sep 14, 2019 By: Chris Ashdown Member since: Dec 7, 2003
    #13
  14. SB1967

    SB1967 UKBF Newcomer Free Member

    6 0
    I agree with that Chris.
    In an attempt to show the country that trade unionism wasn’t dead, it put all its power and finance into politics by forcing through it’s dream ticket nomination as leader of the Labour Party - Ed Miliband, out of nowhere in 2010.
    The irony is, if the trade unions had stayed out of the fight, the Labour Party would have elected his brother David Miliband as its leader and our country would have had a more credible opposition, instead of the lightweights that we have had for the last ten years.
    The last three Conservative governments I feel, are the reason our nation is in such a mess today, that and the fact that there has been no real alternative to replace them in Westminster.
    In my opinion, the unions did not think it through and have to take a chunk of the blame for the laughing stock our democracy has become today.
     
    Posted: Sep 14, 2019 By: SB1967 Member since: Sep 13, 2019
    #14
  15. Mr D

    Mr D UKBF Legend Free Member

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    More than a few times in the 90s there were attempts by unions to get suitably ideologically pure members of the union into the political arena. Including at general elections.
    Usually failed.
     
    Posted: Sep 14, 2019 By: Mr D Member since: Feb 12, 2017
    #15