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Advice on Employment Law(Data Protection Act)

Advice on Employment Law(Data Protection Act)

 
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MrFozz

Marxista Fozzski

5,562
23 Nov 2013, 3:18 pm #1
Looking for some advice on Data Protection Policies...

Basically, I had an informal job interview over a Skype Video Feed about 4 days ago for a job in Finland, after a dear friend of mine recommended me. I ended up getting knocked back because of my Criminal Record, now that is not a problem really, I expect my Criminal Record to hamper me a lot, even if my offences were as a minor, the only conviction I have is a daft Drunk and Diz when I was 19...

What this is about now, the lady I spoke too said she would get back to me either way, I was informed by my friend I was rejected on my criminal record, again, not a problem, that is at the employers discretion whether to take a risk on, but I am upset and hurt that is was my friend who told me and as much as I love him, it is surely not the employers place to tell him and not his place to be tell me...

What I would like to know is, do I have a good argument to take it further, can I use the Data Protection Act as a complaint and who do I complain to or, even more extreme is my human rights being infringed...

I dont want to make a big deal of it really, because my past is known to my mate, but everyone is telling me to push it as my mam said 'Whether your pal knows you well or not, who else outside of management has been told'.

Any advice would be grateful, I am upset and hurt by it, and I feel like my trust has been betrayed and broken...

Thanks in advance for any advice, as I would not know the Data Protection Policy if it jumped up and kicked me in the bollocks

Fozz
MrFozz
23 Nov 2013, 3:18 pm #1

Looking for some advice on Data Protection Policies...

Basically, I had an informal job interview over a Skype Video Feed about 4 days ago for a job in Finland, after a dear friend of mine recommended me. I ended up getting knocked back because of my Criminal Record, now that is not a problem really, I expect my Criminal Record to hamper me a lot, even if my offences were as a minor, the only conviction I have is a daft Drunk and Diz when I was 19...

What this is about now, the lady I spoke too said she would get back to me either way, I was informed by my friend I was rejected on my criminal record, again, not a problem, that is at the employers discretion whether to take a risk on, but I am upset and hurt that is was my friend who told me and as much as I love him, it is surely not the employers place to tell him and not his place to be tell me...

What I would like to know is, do I have a good argument to take it further, can I use the Data Protection Act as a complaint and who do I complain to or, even more extreme is my human rights being infringed...

I dont want to make a big deal of it really, because my past is known to my mate, but everyone is telling me to push it as my mam said 'Whether your pal knows you well or not, who else outside of management has been told'.

Any advice would be grateful, I am upset and hurt by it, and I feel like my trust has been betrayed and broken...

Thanks in advance for any advice, as I would not know the Data Protection Policy if it jumped up and kicked me in the bollocks

Fozz

Andreos1



14,217
23 Nov 2013, 3:28 pm #2
(23 Nov 2013, 3:18 pm)fozzovmurton Looking for some advice on Data Protection Policies...

Basically, I had an informal job interview over a Skype Video Feed about 4 days ago for a job in Finland, after a dear friend of mine recommended me. I ended up getting knocked back because of my Criminal Record, now that is not a problem really, I expect my Criminal Record to hamper me a lot, even if my offences were as a minor, the only conviction I have is a daft Drunk and Diz when I was 19...

What this is about now, the lady I spoke too said she would get back to me either way, I was informed by my friend I was rejected on my criminal record, again, not a problem, that is at the employers discretion whether to take a risk on, but I am upset and hurt that is was my friend who told me and as much as I love him, it is surely not the employers place to tell him and not his place to be tell me...

What I would like to know is, do I have a good argument to take it further, can I use the Data Protection Act as a complaint and who do I complain to or, even more extreme is my human rights being infringed...

I dont want to make a big deal of it really, because my past is known to my mate, but everyone is telling me to push it as my mam said 'Whether your pal knows you well or not, who else outside of management has been told'.

Any advice would be grateful, I am upset and hurt by it, and I feel like my trust has been betrayed and broken...

Thanks in advance for any advice, as I would not know the Data Protection Policy if it jumped up and kicked me in the bollocks

Fozz

The way I see it, it is all if's, but's and maybe's.

How did your friend find out - did he ask, was he told or did he stumble across the info lying on a desk?

Either way, he shouldn't have been told or have been able to find out, unless he was part of the recruitment panel.

The Data Protection Act, is British law and I am unsure whether you are protected (if you are at all), due to the job being based in Finland and (I am guessing) the company being foreign.

If it was a British company, based in England, then you may stand a chance of your complaint succeeding - although I am not sure what you would get out of it.

As for the criminal record, check to see if the conviction is now spent and whether the question you were asked - was the right question.
You are not allowed to be asked about a criminal record (certain jobs are exempt from this) under the Rehabilitation of Offenders Act, but you are allowed to be asked about spent/unspent convictions.
Again, the Finland thing may complicate the issue.

Sorry to hear about the job though.
Hopefully one will turn up soon!
Edited 23 Nov 2013, 3:32 pm by Andreos1.

'Illegitimis non carborundum'
Andreos1
23 Nov 2013, 3:28 pm #2

(23 Nov 2013, 3:18 pm)fozzovmurton Looking for some advice on Data Protection Policies...

Basically, I had an informal job interview over a Skype Video Feed about 4 days ago for a job in Finland, after a dear friend of mine recommended me. I ended up getting knocked back because of my Criminal Record, now that is not a problem really, I expect my Criminal Record to hamper me a lot, even if my offences were as a minor, the only conviction I have is a daft Drunk and Diz when I was 19...

What this is about now, the lady I spoke too said she would get back to me either way, I was informed by my friend I was rejected on my criminal record, again, not a problem, that is at the employers discretion whether to take a risk on, but I am upset and hurt that is was my friend who told me and as much as I love him, it is surely not the employers place to tell him and not his place to be tell me...

What I would like to know is, do I have a good argument to take it further, can I use the Data Protection Act as a complaint and who do I complain to or, even more extreme is my human rights being infringed...

I dont want to make a big deal of it really, because my past is known to my mate, but everyone is telling me to push it as my mam said 'Whether your pal knows you well or not, who else outside of management has been told'.

Any advice would be grateful, I am upset and hurt by it, and I feel like my trust has been betrayed and broken...

Thanks in advance for any advice, as I would not know the Data Protection Policy if it jumped up and kicked me in the bollocks

Fozz

The way I see it, it is all if's, but's and maybe's.

How did your friend find out - did he ask, was he told or did he stumble across the info lying on a desk?

Either way, he shouldn't have been told or have been able to find out, unless he was part of the recruitment panel.

The Data Protection Act, is British law and I am unsure whether you are protected (if you are at all), due to the job being based in Finland and (I am guessing) the company being foreign.

If it was a British company, based in England, then you may stand a chance of your complaint succeeding - although I am not sure what you would get out of it.

As for the criminal record, check to see if the conviction is now spent and whether the question you were asked - was the right question.
You are not allowed to be asked about a criminal record (certain jobs are exempt from this) under the Rehabilitation of Offenders Act, but you are allowed to be asked about spent/unspent convictions.
Again, the Finland thing may complicate the issue.

Sorry to hear about the job though.
Hopefully one will turn up soon!


'Illegitimis non carborundum'

Adrian



9,583
23 Nov 2013, 3:35 pm #3
(23 Nov 2013, 3:18 pm)fozzovmurton Looking for some advice on Data Protection Policies...

Basically, I had an informal job interview over a Skype Video Feed about 4 days ago for a job in Finland, after a dear friend of mine recommended me. I ended up getting knocked back because of my Criminal Record, now that is not a problem really, I expect my Criminal Record to hamper me a lot, even if my offences were as a minor, the only conviction I have is a daft Drunk and Diz when I was 19...

What this is about now, the lady I spoke too said she would get back to me either way, I was informed by my friend I was rejected on my criminal record, again, not a problem, that is at the employers discretion whether to take a risk on, but I am upset and hurt that is was my friend who told me and as much as I love him, it is surely not the employers place to tell him and not his place to be tell me...

What I would like to know is, do I have a good argument to take it further, can I use the Data Protection Act as a complaint and who do I complain to or, even more extreme is my human rights being infringed...

I dont want to make a big deal of it really, because my past is known to my mate, but everyone is telling me to push it as my mam said 'Whether your pal knows you well or not, who else outside of management has been told'.

Any advice would be grateful, I am upset and hurt by it, and I feel like my trust has been betrayed and broken...

Thanks in advance for any advice, as I would not know the Data Protection Policy if it jumped up and kicked me in the bollocks

Fozz

You could easily make a complaint, but it's proving it. If they've told him verbally you're going to struggle to prove it.

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Adrian
23 Nov 2013, 3:35 pm #3

(23 Nov 2013, 3:18 pm)fozzovmurton Looking for some advice on Data Protection Policies...

Basically, I had an informal job interview over a Skype Video Feed about 4 days ago for a job in Finland, after a dear friend of mine recommended me. I ended up getting knocked back because of my Criminal Record, now that is not a problem really, I expect my Criminal Record to hamper me a lot, even if my offences were as a minor, the only conviction I have is a daft Drunk and Diz when I was 19...

What this is about now, the lady I spoke too said she would get back to me either way, I was informed by my friend I was rejected on my criminal record, again, not a problem, that is at the employers discretion whether to take a risk on, but I am upset and hurt that is was my friend who told me and as much as I love him, it is surely not the employers place to tell him and not his place to be tell me...

What I would like to know is, do I have a good argument to take it further, can I use the Data Protection Act as a complaint and who do I complain to or, even more extreme is my human rights being infringed...

I dont want to make a big deal of it really, because my past is known to my mate, but everyone is telling me to push it as my mam said 'Whether your pal knows you well or not, who else outside of management has been told'.

Any advice would be grateful, I am upset and hurt by it, and I feel like my trust has been betrayed and broken...

Thanks in advance for any advice, as I would not know the Data Protection Policy if it jumped up and kicked me in the bollocks

Fozz

You could easily make a complaint, but it's proving it. If they've told him verbally you're going to struggle to prove it.


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MrFozz

Marxista Fozzski

5,562
23 Nov 2013, 3:43 pm #4
(23 Nov 2013, 3:28 pm)andreos1 The way I see it, it is all if's, but's and maybe's.

How did your friend find out - did he ask, was he told or did he stumble across the info lying on a desk?

Either way, he shouldn't have been told or have been able to find out, unless he was part of the recruitment panel.

The Data Protection Act, is British law and I am unsure whether you are protected (if you are at all), due to the job being based in Finland and (I am guessing) the company being foreign.

If it was a British company, based in England, then you may stand a chance of your complaint succeeding - although I am not sure what you would get out of it.

As for the criminal record, check to see if the conviction is now spent and whether the question you were asked - was the right question.
You are not allowed to be asked about a criminal record, but you are allowed to be asked about spent/unspent convictions.

Sorry to hear about the job though.
Hopefully one will turn up soon!

He asked and was told, which is all I am bothered about really, I am reluctant to complain because I am worried I may get my mate in trouble somewhere and we have been friends for too long for me wanting to see him in trouble.

As for my Criminal Convictions, I was directly asked if I had a record and I answered honestly, I didn't find the question a problem as I didn't fill an application form, so the Webcam Convo was effectively my application form...Because of the job I want(Support Work or Residential Social Worker), I have to declare everything even crimes as a minor, if I so much as fart in clean air and get in trouble for it I have to declare it whether Spent or Not
MrFozz
23 Nov 2013, 3:43 pm #4

(23 Nov 2013, 3:28 pm)andreos1 The way I see it, it is all if's, but's and maybe's.

How did your friend find out - did he ask, was he told or did he stumble across the info lying on a desk?

Either way, he shouldn't have been told or have been able to find out, unless he was part of the recruitment panel.

The Data Protection Act, is British law and I am unsure whether you are protected (if you are at all), due to the job being based in Finland and (I am guessing) the company being foreign.

If it was a British company, based in England, then you may stand a chance of your complaint succeeding - although I am not sure what you would get out of it.

As for the criminal record, check to see if the conviction is now spent and whether the question you were asked - was the right question.
You are not allowed to be asked about a criminal record, but you are allowed to be asked about spent/unspent convictions.

Sorry to hear about the job though.
Hopefully one will turn up soon!

He asked and was told, which is all I am bothered about really, I am reluctant to complain because I am worried I may get my mate in trouble somewhere and we have been friends for too long for me wanting to see him in trouble.

As for my Criminal Convictions, I was directly asked if I had a record and I answered honestly, I didn't find the question a problem as I didn't fill an application form, so the Webcam Convo was effectively my application form...Because of the job I want(Support Work or Residential Social Worker), I have to declare everything even crimes as a minor, if I so much as fart in clean air and get in trouble for it I have to declare it whether Spent or Not

Andreos1



14,217
23 Nov 2013, 3:52 pm #5
(23 Nov 2013, 3:43 pm)fozzovmurton He asked and was told, which is all I am bothered about really, I am reluctant to complain because I am worried I may get my mate in trouble somewhere and we have been friends for too long for me wanting to see him in trouble.

As for my Criminal Convictions, I was directly asked if I had a record and I answered honestly, I didn't find the question a problem as I didn't fill an application form, so the Webcam Convo was effectively my application form...Because of the job I want(Support Work or Residential Social Worker), I have to declare everything even crimes as a minor, if I so much as fart in clean air and get in trouble for it I have to declare it whether Spent or Not

Yeah, support work/social work type roles are exempt from Rehabilitation of Offenders Act - but can be used to your advantage if the role involves acting as a mentor - i.e you have got the tshirt, but are making sure no-one else gets it too.

Genuinely don't know whether you would be able to do anything about data protection, as under Finnish law/culture it may be fine to share info like that.

Edit.
Found these links for you to get your head around: www.tietosuoja.fi/1560.htm and www.bbc.co.uk/news/technology-24622919
Edited 23 Nov 2013, 3:57 pm by Andreos1.

'Illegitimis non carborundum'
Andreos1
23 Nov 2013, 3:52 pm #5

(23 Nov 2013, 3:43 pm)fozzovmurton He asked and was told, which is all I am bothered about really, I am reluctant to complain because I am worried I may get my mate in trouble somewhere and we have been friends for too long for me wanting to see him in trouble.

As for my Criminal Convictions, I was directly asked if I had a record and I answered honestly, I didn't find the question a problem as I didn't fill an application form, so the Webcam Convo was effectively my application form...Because of the job I want(Support Work or Residential Social Worker), I have to declare everything even crimes as a minor, if I so much as fart in clean air and get in trouble for it I have to declare it whether Spent or Not

Yeah, support work/social work type roles are exempt from Rehabilitation of Offenders Act - but can be used to your advantage if the role involves acting as a mentor - i.e you have got the tshirt, but are making sure no-one else gets it too.

Genuinely don't know whether you would be able to do anything about data protection, as under Finnish law/culture it may be fine to share info like that.

Edit.
Found these links for you to get your head around: www.tietosuoja.fi/1560.htm and www.bbc.co.uk/news/technology-24622919


'Illegitimis non carborundum'

MrFozz

Marxista Fozzski

5,562
23 Nov 2013, 4:12 pm #6
Thanks Andreos, much appreciated...

Reading the EU Data Protection Plans, looks like is more holes than a block of swiss cbeese
MrFozz
23 Nov 2013, 4:12 pm #6

Thanks Andreos, much appreciated...

Reading the EU Data Protection Plans, looks like is more holes than a block of swiss cbeese

Andreos1



14,217
23 Nov 2013, 4:17 pm #7
(23 Nov 2013, 4:12 pm)fozzovmurton Thanks Andreos, much appreciated...

Reading the EU Data Protection Plans, looks like is more holes than a block of swiss cbeese

Don't let any D&D charge get you down or hold you back.
Use it to your advantage if you can do, particularly if there are other skills, qualities and tools in your locker that are of use too.

Good luck!

'Illegitimis non carborundum'
Andreos1
23 Nov 2013, 4:17 pm #7

(23 Nov 2013, 4:12 pm)fozzovmurton Thanks Andreos, much appreciated...

Reading the EU Data Protection Plans, looks like is more holes than a block of swiss cbeese

Don't let any D&D charge get you down or hold you back.
Use it to your advantage if you can do, particularly if there are other skills, qualities and tools in your locker that are of use too.

Good luck!


'Illegitimis non carborundum'

 
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