Appendix 4: Letter to Chair from Peter
Cheese, Chief Executive, CIPD, 12 March 2015
Dear Mr Davidson
Thank you for inviting me to make a further written
submission to you in relation to the SAC's Blacklisting Inquiry.
Pre-employment Vetting
When I gave evidence to the Committee in September
2013, I informed you of our intention to publish employer guidance
on pre-employment vetting, taking into account developments in
social media and the increased availability of information online.
The report, Pre-employment checks: an employer's guide, was published
in December 2013 (see below link for your reference)
http://www.cipd.co.uk/hr-resources/guides/pre-employment-checks.aspx
The report is intended to provide advice and guidance
to employers across all sectors on how to conduct pre-employment
checks in a responsible and ethical way. It clearly underlines
the illegality and of using blacklists in employment and their
inappropriateness in any context.
Following the publication of our pre-employment checks
guidance, I was contacted in December 2013 by the Construction
Workers Compensation Scheme (CWCS), inviting the CIPD to produce
a Code of Conduct on Pre-employment Vetting specifically for the
construction sector. We produced a draft code in discussion with
the employers and trade unions and have handed this draft over
to the CWCS to progress in collaboration with the relevant trade
unions.
In addition to promoting our own specific guidance
on pre-employment checks, we have also been working with the Recruitment
and Employment Confederation (REC) to promote its Good Recruitment
Charter, which describes nine key principles for good practice
in relation to recruitment more broadly.
CIPD Investigation into blacklisting in employment
I also stated that I would inform the Committee as
and when decisions were taken in relation to the investigations
into CIPD members alleged to have blacklisted during construction
recruitment (ref Q2997 of the transcript of my evidence).
At that point in time, a CIPD Investigation Panel
was sourcing and reviewing all available evidence in order to
investigate allegations of blacklisting against a small number
of our Members.
As a result of these investigations, some Member
referrals were closed by the Panel with no case to answer as they
did not find evidence of alleged breaches of our Code of our Professional
Conduct ('Code').
Others have proceeded to a Disciplinary Hearing on
the basis that the Members appear to have demonstrated conduct
that was in breach of our Code. A Disciplinary Panel hears the
evidence and determines whether the Code has been breached; if
so the sanction to be applied and makes a recommendation to the
CIPD on publication of the findings.
These are in progress and we expect them to have
concluded in May of this year (subject to the right of appeal
where relevant). However, please note the decision by the CIPD
on whether it is in the public interest or the interest of the
profession to publish specific details of each case, the Member
and the penalty applied will be delayed.
This is because some referrals were placed on hold
by the Investigation Panel as a result of a Group litigation order
in the High Court (i.e. parallel proceedings) limiting the Panel's
ability to collect evidence. We are continuing to review and
taking advice as to when it will be possible for those investigations
to continue.
When our Annual Review is published in November 2015,
we will report in aggregate a summary of the cases upheld at http://www.cipd.co.uk/codeofconduct
I hope this answers your questions but please let
me know if I can be of further assistance. I would also like
to again reiterate to the Committee our interest and commitment
in eradicating discriminatory recruitment practices and improving
standards and behaviours for the future.
Yours sincerely
Peter Cheese
Chief Executive
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