SC Help - Have Read Sticky - Letter sent to DVA

[littlejim]

Hello and thank you for reading. The easiest way to explain my dilema is to copy the email I have sent to <mod>email address removed</mod> as it is fairly concise:

"For the past 5 years I worked at<mod>Employer, role and leave date removed, you really don't want to post this level of personal info online</mod>, and I am under the impression that there should be a 12 month period before this clearance lapses.

I recently applied for a 2nd Line support role with Siemens that required current and valid SC clearance. Thinking I still had this and there would be no problems I applied. I was successful in my application and offered the role, pending verification of my Security Clearance.

I have just been informed that the offer has now been retracted as there is a problem with my security clearance. I currently know very little real information, the following is a direct quote from a text message received from Siemens

"I am trying to find out what they mean by "Not Transferred" as it isn't clear what that means, and that is the only reason they have given us to date. At Siemens we can only take on contractors when WAG have confirmation of their clearance"

I called the DVA earlier today and was informed they could not talk to me about this, I would have to submit a FOI request in writing for any information. Even though the clearance relates to me, no information could be relayed over the phone as the DVA do not view SC as belonging to the person. Surely under the Data Protection Act and indeed Freedom of Information Act I am entitled to know what has gone wrong - and do I still have valid and current Security Clearance.

I have effectively just lost £6000 as Siemens have now withdrawn their offer as they cannot confirm my Security Clearance. If it transpires I actually do still hold SC and this information should have been relayed to them in a timely manner, am I able to claim compensation and loss of earnings as a result?

I really hope you can help me with this as I am really worried and concerned about the future. I resigned my old job as I intended to become an independent contractor focusing on SC roles.

Many Thanks "

I really am at my wits end over this and would appreciate any advice you can give. I have already called the UKHO, but the Security Lady was on leave today. I do not know if she was off all week and this request has been left unactioned - I really do not know what "Not Transferred" means, or are they refusing to transfer it? She is back in the office on Monday so I guess that I realistically have to wait until then.

[pmeswani]

Hello and thank you for reading. The easiest way to explain my dilema is to copy the email I have sent to <mod>email address removed</mod> as it is fairly concise:

"For the past 5 years I worked at<mod>Employer, role and leave date removed, you really don't want to post this level of personal info online</mod>, and I am under the impression that there should be a 12 month period before this clearance lapses.

I recently applied for a 2nd Line support role with Siemens that required current and valid SC clearance. Thinking I still had this and there would be no problems I applied. I was successful in my application and offered the role, pending verification of my Security Clearance.

I have just been informed that the offer has now been retracted as there is a problem with my security clearance. I currently know very little real information, the following is a direct quote from a text message received from Siemens

"I am trying to find out what they mean by "Not Transferred" as it isn't clear what that means, and that is the only reason they have given us to date. At Siemens we can only take on contractors when WAG have confirmation of their clearance"

I called the DVA earlier today and was informed they could not talk to me about this, I would have to submit a FOI request in writing for any information. Even though the clearance relates to me, no information could be relayed over the phone as the DVA do not view SC as belonging to the person. Surely under the Data Protection Act and indeed Freedom of Information Act I am entitled to know what has gone wrong - and do I still have valid and current Security Clearance.

I have effectively just lost £6000 as Siemens have now withdrawn their offer as they cannot confirm my Security Clearance. If it transpires I actually do still hold SC and this information should have been relayed to them in a timely manner, am I able to claim compensation and loss of earnings as a result?

I really hope you can help me with this as I am really worried and concerned about the future. I resigned my old job as I intended to become an independent contractor focusing on SC roles.

Many Thanks "

I really am at my wits end over this and would appreciate any advice you can give. I have already called the UKHO, but the Security Lady was on leave today. I do not know if she was off all week and this request has been left unactioned - I really do not know what "Not Transferred" means, or are they refusing to transfer it? She is back in the office on Monday so I guess that I realistically have to wait until then.

Firstly, you haven't lost anything, as it wasn't yours to have, especially as you haven't started your contract with the new supplier yet.

Regarding to finding out what "Not Transferred" means, it means just that. It hasn't been transferred. It could be a number of reasons, including the fact that your SC has expired, cancelled, or delayed. I'm sure there are plenty of other reasons, but there isn't much you can do about it, other than to move on and find another piece of work.

[cojak]

WPS

Continue to work on finding out what went wrong, but find another job not needing SC clearance in the meantime.

And as pmeswani says. you never had the £6000 while you didn't have the contract...

[SimonMac]

Are you sure you SC is held by DVA and not the agency you worked for last time? Try speaking to the Security Administrator at your old place rather than DVA as that what I did to transfer mine

[littlejim]

So verbal contracts and email confirming a start date, is not a form of verbal contract and has no legal bind.....

If that is the case - then yes move on and keep looking (which is what I have done and have applied for several more SC roles).

The Law & Verbal Agreements - Contracts And Agreements (UK) - that was all I was thinking - as both an agreement on the services to be provided and a rate of remuneration had been reached. Ah however - reading on - I kinda think this is classed as an agreement in principle and not an actual agreement.

[littlejim]

Are you sure you SC is held by DVA and not the agency you worked for last time? Try speaking to the Security Administrator at your old place rather than DVA as that what I did to transfer mine

I contacted the DVA as I thought they are the body that conducts the clearance and transfer requests.

I also believe my clearance to be with my last employer and tried calling them yesterday. The security lady I need to talk to was on leave yesterday so I will call her again on Monday. I am hoping that this is just a delay that happened, as I was a permie when I was SC cleared I kinda assumed I would have had 10 years clearance (I have never actually seen my clearance though so I do not actually know the exp date)

[SimonMac]

So verbal contracts and email confirming a start date, is not a form of verbal contract and has no legal bind.....

If that is the case - then yes move on and keep looking (which is what I have done and have applied for several more SC roles).

The Law & Verbal Agreements - Contracts And Agreements (UK) - that was all I was thinking - as both an agreement on the services to be provided and a rate of remuneration had been reached. Ah however - reading on - I kinda think this is classed as an agreement in principle and not an actual agreement.

Its a mine field, the offer would have been on the basis of you having SC Clearance, which they are now saying you don't have so I wouldn't go around accusing them of losing you money

[SimonMac]

I contacted the DVA as I thought they are the body that conducts the clearance and transfer requests.

I also believe my clearance to be with my last employer and tried calling them yesterday. The security lady I need to talk to was on leave yesterday so I will call her again on Monday. I am hoping that this is just a delay that happened, as I was a permie when I was SC cleared I kinda assumed I would have had 10 years clearance (I have never actually seen my clearance though so I do not actually know the exp date)

Well you thought wrong, if you had read the sticky as you claim you will see in the fist post it twice mentions your old employer but mistakes are easily rectified.

Your clearance will be held by your last employer, so you should have spoken to them, hopefully this will be resolved quite quickly and the end client will be happy to wait

[Mr.Whippy]

as I was a permie when I was SC cleared I kinda assumed I would have had 10 years clearance (I have never actually seen my clearance though so I do not actually know the exp date)

When I had SC as a permie it was for 5 years only. It depends on who you're working for and who is granting the clearance as to the duration.

Could it be that you clearance has expired and noone's noticed until now? I've known that to happen. Also, could it be due to expire during the term of your new contract and perhaps that could be another reason why they have retracted the offer?

As SimonMac says, speak to the security dept of your old employer who hold the clearance and so they should be able to give you details about the dates.

[stek]

Did you have or did you check that you had any restrictions on your SC? One lad in our office has, we are all SC'd here. His clearance in valid for only two years and and he can't look at certain secure things without supervision.