Is it legal?

[davetruck]

I have worked as a civilian for the police for four years. This year they made everyone complete a financial vetting form. I refused and am faced with a disciplinary. Is this legal?

[Ethel]

As a police civilian there are at least two unions you can join - the unions legal people will certainly have been looking into the legalities of this. Speak to a union rep.

I have no idea what is stated in your contract of employment, but they will.

[Stu Dent]

Is it legal? In terms of simple contract law if it's in the terms and conditions of your contract then perhaps it is legal or, more accurately, the clause/term within the contract is enforceable. However, sticking to contract law, you may argue that, since four years have gone by and no such vetting form has been performed previously, that there is now an implied term within your contract of employment that your employer cannot take such an intrusive investigation. My view is that if such a term is contained in your agreement that it is now at worst challengeable, and at best unenforceable. Your employer, in my view, should have carried out this vetting process regularly if they wish to rely on it.

Going outside of contract law, I would also argue that such an invasive and intrusive check on your finances breaches the provisions of the Data Protection Act 1998 as well as your convention rights - Article 8 of the European Convention on Human Rights (Right to Respect for Private Life). Now, Human Rights are routinely breached quite legitimately, but only when it is necessary to do so "in the interests of national security,public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others". However whilst such a breach may be justifiable to someone practising as a solicitor or accountant, or perhaps, a police officer, it may not be justifiable for civilian police employees. I would argue that in your own case it isn't justifiable given that you have far less powers than a police officer has. Your employer will have to demonstrate that there is a legitimate reason why the caveats to the protection of your human rights should take precedence.

[Law Man1856]

dave,
I gather from your post that this financial vetting may cause you a problem?
I have also been employed by the police as Police Staff for 6 years. The action you describe was proposed on the introduction of a new unit in the West Midlands ( counter terrorisium ). All applicants were ASKED to submit to this INTENSIVE vetting. The number of applications dropped significantly and the whole process was reviewed. If you question is IS IT LAWFUL I don't know, because it was removed in this case. I am in UNISON and they are very quick to act if the members are being asked ANYTHING that is away from the terms of employment. Dont is worried about disciplinary proceedings, the Police have invested a great deal of time trust and money in you. So they will not do anything silly to upset the status quo. I work daily with the union reps and I think this would be an unauthorised intrution.

BEST OF LUCK

LawMan

[Yorkie580]

It will very much depend on what information you ahve access to - if you require a security clearance then to work in that area you may be required to do so. All police officers have to complete it as part opf their recruitment due to Restricted and Confidential information to which they have access (eg PNC reports etc).

[seatrout]

Dont know if this helps but when I joined the CPS I had to declare that I had no CCJs or bankruptcies and that if in the future I found myself in such a position I would inform my employers and this could amount to grounds for dismissal. There is a clause in my employment contract about not doing anything in my private life including financial dealings that would put my integrity into question.

Asking you to sign a financial vetting form seems a bit OTT go to your Union as others have suggested