Employment Law - Background screenings
I work for a consultancy. Recently, one of our large clients has decided to pilot a new web based background screening process for all consultants on site, which my company has agreed to.
However, the nature of this screening has caused myself & my colleagues also on site with this client some concern. It seems that we are to fill in an online questionnaire which will then be passed to a third party investigative research company, who will then check the past 10 years of our emplyment history, address history, credit history, among other things.
Having viewed the questionnaire on line, my colleagues now agree with me in the rather intrusive nature of many of the questions, & we have put forward a list of the following conserns to our HR department:
Why our company has agreed to subject its consultants to an untested screening process as part of a pilot scheme, without prior consent or even consultation of its employees.
The apparent lack of a show of faith in our consultants - a reputable city consultancy, which the client has had a successfully relationship with for several years - & the background checking performed by our on its own consultants.
The relatively intrusive nature of questions posed by this 3rd party & associated concerns over investigative methods used.
Concern over the 3rd party company (which appears to have a domain name registered in the UK but no site behind it), its policies & methods.
Concern over potential lack of security of private information transmitted over the web (highlighted by the fact that this is an untested pilot scheme).
Whilst the signing of the relevant forms given to us appears to make us subject to our client's non-disclosure policy & background screening/conditions of employment, disciplinary, & standards & procedures, policies, does this then also make available to us their Dispute Resolution, Training & Development, Sabbatical Leave, Family Leave, Compassionate Leave, Working Flexibility, Equal Opportunities, etc. policies?
If not why are we selectively subject to the restrictive policies, yet do not have available any of the supportive policies or recourse in case of exposure to dispute or unfair treatment?
Does this mean, the Department Head/Programme Manager/etc. is no longer responsible for the decision as to who (contractors, consultants, etc.) is hired for a project by our client?
Does this also mean that we no longer answer to said manager, but also to the client's HR dept. now?
Therefore, are any further proposals subject to approval by HR in addition to the seeking manager? What are the associated implications?
How does the formal confidentiality agreement impact the ability of our consultants to retain deliverables generated on site, for use by our consultancy?
Who has ownership of the intellectual property rights, (e.g.) of utilities/documents/methods/processes, etc. developed on site?
The privacy policy of teh 3rd party?
Lack of a detailed list of exactly who/what Kroll will be checking (e.g. does the check extend to medical records, references from GP, bank records, LEA's, County Council's, etc?, & the methods they employ (e.g. will they be contacting credit card companies, credit ratings agencies, friends & family? Will contact take the form of letters, standard references, etc. or telephone interviews?).
What occurs in non standard situations, e.g. where former employers no longer exist, etc?
What exactly it is that our client are looking for during the course of the background check & what elements in their opinion would constitute a satisfactory background check, & what would not?
As none of these questions have as yet been answered by my company, & my personal experience with these types of checks informs me that often the 3rd party is unreliable at best, & commonly uses intrusive investigative methods - none of us here want to be subjected to this.
I was wondering if there was any advice or personal experiences TechRepublic members could share. In particular, what is the legal stance on this?