As if life on the shop floor wasn’t shit enough. Now retailers have clubbed together to dispense vigilante justice by creating a database of workers who’ve been sacked after accusations of theft or dishonesty. No matter if there’s no
proof; all that is required is suspicion, neatly reversing the age-old principle of “innocent until proven guilty”.
Employers are able to enter the details of any employee that they’ve sacked or has left a job “whilst under investigation for acts of dishonesty toward the company including theft of money or merchandise, falsification or forgery of documents and causing damage to company property.” Later, when they are thinking of hiring new staff, managers are able to enter applicants’ names in to the register to see if they have left their previous job under any suspicion of wrongdoing.
Bosses can enter the details of sacked workers regardless of whether they’ve been convicted of any crime. You’re guilty until proven innocent.
This diabolical scheme is called the National Staff Dismissal Register and is the brainchild of business pressure group Action Against Business Crime, a joint venture between the British Retail Consortium and the Home Office. They claim that proper investigation of dishonesty is “time consuming and costly” and that “the current system of employment references is too easily circumvented.”
As I understood it an employer can’t give you a bad reference; if they’ve got nothing nice to say then they just say nothing at all. If your manager has good grounds to suspect that you’re guilty of some crime then the onus is on them to report you to the police. Without following proper legal processes, flawed though they are, any suspicion they have is just that: mere suspicion.
The scheme is clearly open to abuse. All kinds of petty prejudices and rivalries get played out at work, it’s in the nature of competitive hierarchies. Now a boss who holds a grudge against you can not only sack you, but also shut you out of the job market altogether. It is, in effect, an employment blacklist operating outside of the legal system.
Shit, I’ve worked in retail and when you’re on the minimum wage you’ve got to hustle to survive. Everyone’s on the fucking take, from the area manager to the checkout girl. It’s part of the culture. But there’s no solidarity, because anything that you take is one less thing that they can take. It’s certainly not pretty.
AABC stress that their register has been developed in full consultation with the Information Commissioner, which makes you wonder what the fuck he’s there for. But they say that gathering this kind of information on people is not new and already done in other sectors. Use of the database will aparently be restricted to “those categories of jobs where taking on an applicant with a previous dismissal for specific reasons poses a risk to the company,” although they admit that this will in practice include most jobs.
The scheme apparently meets all data protection laws, which means that staff will be informed when their details are logged on the register and they will have the opportunity to alter any information held on them that is incorrect. In practice though, since all that is recorded is a suspicion, there would be no way to dispute the validity of the information held on you. Irdial from Blogdial gives the legal lowdown: “Entries have traditionally been regarded as ‘accurate’ if they accurately reflect what the source says. so if an employer passes on that he believes a particular employee had stolen from him, an entry that says “employer X informs us the Y stole from him” is “accurate” – even if Y didnt steal from X.”
The only next step would be to sue the employer for defamation of character. Except that you can’t get legal aid for defamation cases, and the thought of some minimum wage retail worker scraping together the pennies to hire a legal team that could take on a big box retailer like Asda beggars belief.
This is a nightmare of truly Orwellian proportions, significant to raise me out of my long standing writer’s block and wax polemic about its implications.
That big business thinks it can circumvent the legal system is scandalous, but completely unsurprising given the enthusiasm shown for databases of personal information here in Airstrip One.
According to the BBC, Harrods, Selfridges and Reed Managed Services have already signed up to the scheme. It went live at the end of May.
Good thing its only retail or most of the chief executives of FTSE500 companies would need to be on there too…