the daly mirror have emailed to say thay will look into this
mirrornews@mgn.co.uk
Response for the DTI
In their opinion (on the information I gave them) de Poel is acting as an employment Business under section 13.2 of The Conduct of Employment Agencies and Employment Businesses Regulations 2003
That being the case they can accept information from agencies for their database and share it with other agencies
However as an agency they must fully comply with all sections of the act .
I am off to to do a little more research on the act
this is becoming a very interesting thread…thanks to all who have put in the time to investigate this
Given that the DTI believe that de Poel are acting as an employment business
they must comply with the act, which includes
- Neither an agency nor an employment business (“A”) may enter into any contract or arrangement with another agency or employment business (“B”) with a view to B providing or facilitating the provision to a work-seeker or a hirer of any services of an agency or an employment business unless -
(a) A has made enquiries to ascertain that B is suitable to act as an agency or employment business and received satisfactory answers to those enquiries;
(b) A and B have agreed in what capacity each of them will act, namely whether as an agency or an employment business;
(c) where A is acting as an agency in relation to a work-seeker whom it is permitted by regulation 26(1) to charge for work-finding services
, -
and more importantly…
- (1) Neither an agency nor an employment business may disclose information relating to a work-seeker, without the prior consent of that work-seeker, except -
(a) for the purpose of providing work-finding services to that work-seeker;
(b) for the purposes of any legal proceedings (including arbitration); or
(c) in the case of a work-seeker who is a member of a professional body, to the professional body of which he is a member.
(2) Without prejudice to the generality of paragraph (1), an agency shall not disclose information relating to a work-seeker to any current employer of that work-seeker without that work-seeker’s prior consent, which has not by the time of such disclosure been withdrawn, and shall not make the provision of any services to that work-seeker conditional upon such consent being given or not withdrawn.
YES ;THAT IS RIGHT BUT WE NEED TO ENSURE THAT WE HAVE
INFORMED THESE PEOPLE VIA A REGERSTIRED LETTER OR VIA A
E-MAIL THAT ANY PERSONNAL DETAILS THAT THEY ARE HOLDING
WHICH ARE TO DO WITH YOUR PERSON ARE NOT TO BE RELEASED
UNLESS THEY HAVE YOUR EXPLICIT PERMISSION TO DO SO:
SEND A MAIL OR A FAX OR WRITE A LETTER ASKING THEM TO
COMPLY WITH YOUR WISHES AND TELL THEM YOU WISH A RETURN
MAIL CONFIRMING THIS; PLUS KEEP A COPY OF ANY
CORRESPONDENCE TO PROVE THAT YOU HAVE INFORMED THIS
FIRM AND WILL TAKE APPROPRIATE CIVIL-ACTION AS AND WHEN
IT IS REQUIRED IF YOUR WISHES ARE NOT ACTED ON AND THERE
IS A MISUSE THERE OF:
The Recruitment and Employment Confederation have taken advice from their lawyers with regard to their code of practice and the data protection act:
First de Poel is NOT a member of the REC and therefore the REC cannot say wether they belive that de Poel should/should not be offering this service.
They do say, they believe there may be issues connected with their members passing on information to de Poel.
They also stated that they take their Code of Conduct very seriously, and members of the REC are expected to uphold it in every way
They suggest that anyone who works for an agency that is a member of the REC who has concerns over their information being passed onto de Poel without their express consent should contact them and they will investigate.
marcustandy:
I actually think that there is potentially some good in this system provided that it is a voluntary thing i.e. if you say ‘no thanks’ to your agency passing on the info, it means ‘no thanks’!Also satisfactory replies/answers need to be provided to all the questions posted on here.
There is always the thought “If you’ve nothing to hide…”
As this thread has developed I have had a big re-think and I now take back my previous post.
The more I see about this situation, the less comfortable I am about it.
I have just phoned the last agency that I worked for and they freely admitted that they provide name & driving licence number of any of their drivers that are placed with TNT (thankfully I’ve never worked for TNT!). They told me that they have to do this as De Poel process the wages. They also stated that they pass on no further information and were suprised when I read to them from the above posts i.e. family lifestyle, racial or ethnic origin etc etc.
Rikki (or anyone), is it true that your name (only) is not subject to the DPA?
Should we give thought to compiling a list of agencies that are known to have passed on this info (i.e. ‘name & shame’ style), or is that a bit premature just yet?
MArcus…
It wasn’t Driver Hire by any chance?
shaun:
this is becoming a very interesting thread…thanks to all who have put in the time to investigate this
Totally agree with you shaun .
Conor:
MArcus…It wasn’t Driver Hire by any chance?
No it wasn’t…but i’ll quite happily tell you who it was as soon as it’s cleared from above!!
rec standards standards@rec.uk.com any complaint can be in writing or by email.as i thought from the start, it seems to be the agencys that have kept this to them selfs. in the northants aria tnt use a pool of agencys so this could mean big trouble for a lot of people. so thanks rikki for the work so far . lets not get side tracked with other isues, mack
We have an agency in the U.S. which serves the same purpose, it is called USIS/DAC (which has grown astronomically lately due to its new affiliation with the Federal Government): USIS Transportation
The biggest complaint stateside drivers have regarding such reporting agencies is their inability to have incorrect information removed from their files once the carrier has submitted it to the agency. While USIS does give drivers the tools to submit a rebuttal, the process is by no means quick nor satisfactory in all cases. It simply comes down to a carrier refusing to remove information they have submitted. This results in “case closed” as far as USIS policy goes. However, the drivers’ rebuttal is submitted to the drivers file and is included in information requested by USIS clients.
USIS also lists their clients on their site:
USIS Transportation Services Association & Partners
Each of those listed can represent 100’s, if not thousands, of companies the associations represent. While individual companies are not listed, the number of U.S. carriers using USIS services is rather extensive.
To inform drivers of their protections under the law, USIS included this on their site:
While employers are still able to use driving records for background investigations, driving records are - in fact and practice - no longer a matter of public record.
Such agencies are aware of their rights are under the law, matters not which country they operate in. It is to the drivers’ best interest to know what their rights are under the law as well. Forewarned is forearmed and only you can protect that which is yours from those who will not.
Such agencies are aware of their rights are under the law, matters not which country they operate in. It is to the drivers’ best interest to know what their rights are under the law as well. Forewarned is forearmed and only you can protect that which is yours from those who will not.
Well said,
It is up to every driver on here with concerns over this issue to at very least post their concerns on here so that not only de Poel can take note, but also the various media and statutory bodies who are watching this thread… Do nothing and you lose the right to complain later on when you find yourself on a database such as this proposed one
smcaul:
Nice work Rikki, You have obviously spent alot of time and effort on this issue. Thanks.
I would thank Mack… it was he who bought it all to our attention…
If he had’nt found out about it then it is possible that this database would have remained hidden from us all
Thanks Mack, Rikki and everyone who input.
I for one am a little older, but a hell of lot wiser thanks to all at TruckNet.
Rikki-UK:
smcaul:
Nice work Rikki, You have obviously spent alot of time and effort on this issue. Thanks.I would thank Mack… it was he who bought it all to our attention…
If he had’nt found out about it then it is possible that this database would have remained hidden from us all
Sorry, And Mack and all the others who have contributed to this thread.
so far 99.9% of truckers don’t know wots going on. !
100% OF DEPOEL CUSTOMERS WILL
.EVERY AGENCY INVOLVED IN THIS WILL HAVE BEEN NOTIFIED OF IN COMING!!!
i think we have this weekend to spread the word to as many truckers as poss.
use the links i posted and hound the tabloids into action.
email.text. phone
contact all work mates you know and get them to do the same.
CAN TRUCK NET EMAIL ALL MEMBERS ?i don’t know if this is allowed
contact truck stops,
any more suggestions please !!! mack
brit pete:
YES ;THAT IS RIGHT BUT WE NEED TO ENSURE THAT WE HAVEINFORMED THESE PEOPLE VIA A REGERSTIRED LETTER OR VIA A
E-MAIL THAT ANY PERSONNAL DETAILS THAT THEY ARE HOLDING
WHICH ARE TO DO WITH YOUR PERSON ARE NOT TO BE RELEASED
UNLESS THEY HAVE YOUR EXPLICIT PERMISSION TO DO SO:
SEND A MAIL OR A FAX OR WRITE A LETTER ASKING THEM TO
COMPLY WITH YOUR WISHES AND TELL THEM YOU WISH A RETURN
MAIL CONFIRMING THIS; PLUS KEEP A COPY OF ANY
CORRESPONDENCE TO PROVE THAT YOU HAVE INFORMED THIS
FIRM AND WILL TAKE APPROPRIATE CIVIL-ACTION AS AND WHEN
IT IS REQUIRED IF YOUR WISHES ARE NOT ACTED ON AND THERE
IS A MISUSE THERE OF:
YES READ AND DIGEST AND TAKE ACTION AS ADVISED
Can we all please keep this in prospective?
I have spoken to senior officials at De Poel and they did say they will reply to any TruckNet member’s questions/ concerns.
Since then they have been on TN and said they will answer your questions if you ask them on this thread before this Monday.
So far they have kept all their promises and I can see no reason why they will not continue to.
So let’s wait for the truth/Explanations before we attempt to hang!!!
TruckNet have worked hard to ensure that our members are fully informed of this companies plans,
So please ask questions you want the answer to… insults and accusations neither help to get to the truth or encourage a closer working relationship.
You will find that De Poel is a very big Middleman in the agency world that most of the “big players” wont work with.
Most of the customers are finding that the system doesnt work, drivers are finding that their details are stored on a database on the net that could be violated!
how long will de poel last
poll■■?
P.S. My company requested info on joining their system as a supplier…reading these posts I dont think I’ll bother