Security Clearance Discrimination

IanRoberts · 18th September 2008, 17:03

Hi ! I wonder if any of you out there can give me an answer on this. I'm coming towards the end of a three month contract. I was taken on without SC Clearance but sent off all the application forms a few days into the contract. I'm now about a month away from the end of my contract and due to the fact my mother is Swiss and I am dual nationality (Canadian, although I've never worked or even lived there) I'm still awaiting my clearance. I've been told they are more than happy with my work and happy to extend my contract another 3 months, however this is dependant on my clearance arriving. I have this in an email. Is this legal ? I realise contractors don't have too many employment rights but I thought you were not allowed to discriminate against someone just because they don't have security clearance ?

The Lone Gunman · 19th September 2008, 06:59

They seem to have done everything correctly. They are not supposed to advertise with a requirement for SC prior to start. They have taken you on without and are probably putting up with any extra security issues this brings. If they need you to have real access to SC covered work then they may not be willing to keep paying your rate while you are not doing the work they require.

Talk to them. Find out what the issues are with SC. If you really want to stay and you are sure it will come through you may find a compromise. Possibly offer to work on something else at a lower rate till it comes through (separate contract though).

Call the Defence Vetting Agency help desk and see if there are any problems. They are pretty helpful.

ratewhore · 19th September 2008, 09:14

This is nothing to do with employment rights. As for discrimination, there's a world of difference between that and ensuring only people of the right nationality have access to nationally sensitive information.

Go and find a non cleared role if this is not to your liking...

TykeMerc · 19th September 2008, 09:46

It all depends on how busy the DVA are, 8-12 weeks for an SC to come through is far from unusual, it can take longer. Since you have a relatively unusual nationality and a Swiss mother it's probably complicated matters and so it will take even longer. From your post it looks like your application has only been in for 7ish weeks.

Just consider yourself lucky the role doesn't require DV clearance as this spring 9+ months was being quoted as a typical time for it to come through the system.

Peoplesoft bloke · 19th September 2008, 09:59

Quote:

Originally Posted by IanRoberts

........ due to the fact my mother is Swiss and I am dual nationality (Canadian, although I've never worked or even lived there) I'm still awaiting my clearance. ....

As others have said, the delay is probably nothing to do with your circumstances. Mine took about five months in the end simply because the people "doing" it were flipless wasters who couldn't care less. I know this doesn't help you, but trust me, they are this bad with everyone.

swamp · 19th September 2008, 10:36

Your client is being totally unreasonable.

There is no way they can expect your clearance to come through in three months. The fact you're Canadian and your mother is Swiss (or whatever) is neither here nor there. SC clearance can typically take up to six months even if you are British!

Tell your client your SC is not late, and you expect to be cleared in the next couple of months as should be expected for any individual. Tell them they can renew your contract and, if they are concerned, include a one week symmetrical notice clause which they can enact if your clearance should fail.

ratewhore · 19th September 2008, 11:15

Quote:

Originally Posted by swamp

Your client is being totally unreasonable.

Er, no they're not.

Crossroads · 19th September 2008, 11:53

Quote:

Originally Posted by swamp

Your client is being totally unreasonable.

If the lack of SC is hindering the delivery of services (e.g. requiring supervision) then the client is quite rightly entitled to seek a different supplier who will not cause such issues.[/quote]

Quote:

Originally Posted by swamp

SC clearance can typically take up to six months even if you are British!

I'm currently working on a site that requires SC, and 2 - 4 weeks is not that unusual.

The Lone Gunman · 19th September 2008, 11:56

DVA says 97% of SC applications processed within 30 days according to their news release.

gingerjedi · 19th September 2008, 12:24

Quote:

Originally Posted by The Lone Gunman

DVA says 97% of SC applications processed within 30 days according to their news release.

Hmmm... my SC took 12 weeks despite the fact it was a renewal and I had previously held DV, even then they only gave me 3 years this time??