NO2ID

Hi, I work for an european arm of an American company here in the UK. I've recently been promoted and am doing rather well here. However a problem has come up which i didn't really think about.. my new position may mean I need to visit the USA. As you know the USA has a strict policy of taking fingerprints and god knows what else when you enter the country and I refuse to do this.

My question is simple if my company 'tells' me to goto the USA can I refuse on these grounds ? I've already spoken to my boss about this matter and he just seemed to laugh it off and said something like 'we'll see.. wait until a customer asks to see you'... I tried to point out I would rather leave my job than have to give my fingerprints over to the Americans for 90 years but again he laughed it off.

AbyssUK

The first consideration here is the question of whether you were aware that the new position may entail travel to the US before you accepted it.

Well I believe my contract states that i may be required to travel, it doesn't state to the USA directly. I specialise in testing european standards so having to goto the states was never really a posibility.

However recently my boss is retiring and is being taken over by an american in america.. so i have to report to him. So now i liase a lot more with the americans so its more likely that i'll be asked to go over. As soon as this happened I informed my boss straight away and told him about it, and as i stated before it was laughed off.

So i guess, No i wasen't informed that my boss was going to be american so no i had no reason to think travel to the states might be needed.

AbyssUK

If all you have to do is report to this american, insist on video conferencing and state why. If they object to this and threaten to fire you, well, would you want to be employed by such a firm?

You have my sympathies. I am having a similar "discussion" with my wife because I am refusing to let our family visit her sister who lives in the US. One of my concerns about visiting the US is the possibility that American-collected biometrics might find their way back to the UK where they could populate the NIR. Is this a real concern, or am I worrying needlessly?

If I were asked to make a business trip to USA, I'd think very carefully. Remember the NatWest Three.

Thanks to Conman Blair, USA can demand extradition of anyone from UK, without needing to show any reason. It doesn't work the other way round. Thjat's the 'special relationship'!

If you are already there you won't have to be extradited.

Instead, if they don't like you, they can declare you an "unlawful enemy combatant" under the Military Commissions Act and ship you off to the orange jumpsuit holiday camp.

Land of the free.

It could quite possibly be the case that at the time he accepted his job, the security measures now operated by the Americans were not being implemented.

Regardless of the legal position about whether you can be forced to go or sacked for your refusal to travel, the reality is that your bosses are unlikely to look favourably on this and your chances of promotion etc. will diminish greatly. Potentially, one can also be sacked for another reason which is not necessarily the 'real' reason.
I face a similar situation and have put some thought into this matter but the only way forward I can see is to do what you have done and make your opposition to the policy known and accept the consequences. Hopefully, demonstrating the courage of your convictions will encourage other people in your company to voice similar opinions

I was working at UCLH hospital as temporary Clinical Coordinator they offered me the job permanently but failed to tell me this would be dependent on Occupational Health clearance(this meant I had to declare my medical history and effectively hand over my notes to Occupational Health) and when I read the Contract I had to have any medical treatment they deemed appropriate at any time. I am fundamentally opposed to anyone having access to my medical records other than the doctors etc treating and their no one on this earth I was going to agree to any medical treatment they deemed necessary. Needless to say they had to pay me off as they have failed to tell me these terms where a condition of the job offer.

I would very seriously get some legal advice. I did and was told I had a good case not under Employment law but under the Human Rights Act. I was told this type of case are ripe for a challenge under HRA.

They may not force you to travel anywhere against your will. Conversely, they may also deign to terminate your contract.

Whether this is in breach of the terms of your contract, or actionable, is down to the specifics of the contract, and something that only counsel can opine.

I am constantly amazed by the apparent apathy of both workers and employers to the wording of contracts, and that each and every clause is not considered.

I have had a recent contract amended to specify no US travel, for the reasons cited above. I would not be able to reconcile signing my agreement, when I did not, in fact, agree.

Evening,

One the Reading campaigners asked me about this today - does anyone have any updates or knows of any cases relating to this?

Cheers,

Ian