Does anyone have an opinion on this:

I work in a casino, we have cctv coverage for crime prevention and to ensure the gaming is run fairly. It has never been stated by communication or in my contract that cctv is used to monitor staff.

However, a "random" check (from a spiteful tip off) has seen me investigated and possibly disciplined for a minor misconduct issue.

Is this fair? Or more importantly legal and proper usage of the systems?

My entire career could be destroyed by this so all help will be appreciated.

Welcome to the forum.

Although I have no direct knowledge of the gaming industry, I do know that the casino is at the risk of loss as much from staff as it is from punters, both through direct loss and through the collusion of croupiers. You allude to this fact in the policy statement quoted that the use of CCTV is for crime prevention and to ensure that gaming is run fairly. I would take that to means that the crime and unfair activity which the CCTV is used to deter is possible on both sides. If an activity has been witnessed on the recording which contravenes an employees disciplinary code then this would be an unfortunate consequence of that, but would nevertheless be reasonable for the employer to take action commensurate with what has been seen. I don't think for one minute that an employee may understand and agree to being recorded on camera but that only certain types of misdemeanour caught on tape will result in disciplinary action. I know this is not what you want to hear and I am sorry.

Before we can give an absolute opinion though it would be neccessary to know the nature of the 'offence' so to speak. At the end of the day, you may only expect to be dismissed if whatever you were doing constituted Gross Misconduct. A more minor misdemeanour should result in nothing more than a warning unless it is a specific term of your contract that this would be considered GM. Also, what exactly does the company policy say about the use of CCTV - either in a company handbook, or on signs around the building? Has anybody else been disciplined for doing what you have done and what was the sanction?

thanks for your reply. really the allegation against me is quite trivial in my (and other more senior peoples) mind.

i was not paying close enough attention whilst watching the casino. it was 5am, there were few customers (and i had delegated someone to supervise anyhow).

i understand your view on usage of cctv footage, but as i said it can only be used for crime prevention (i certainly did not commit a crime by any stretch of the imagination); to ensure gaming is run openly and fairly (certainly not debatable) and retrospectively in the case of gross misconduct. my offence is (very) minor misconduct so i believe the footage should not be used.

my concerns are why it has been used. i have learnt that someone told tales (there is no possible reason to view footage of a casino with 5 customers at 5am); and also the way the issue has been escalated into a matter that can (as seems designed to) ruin my career.

my punishment can range from a verbal warning (i am completely clean diciplinary wise) to dismissal, hence my concerns with such a range.

thanks again for your opinions

As Sidewinder says, I can't see why there would be any reason for your employer not to look at the cctv footage. I think you should perhaps concentrate more on giving a good reason why, it would appear, you weren't doing your job rather than looking at why they can't use evidence which appears to have caught you out.

thanks for your reply. really the allegation against me is quite trivial in my (and other more senior peoples) mind.

 

i was not paying close enough attention whilst watching the casino. it was 5am, there were few customers (and i had delegated someone to supervise anyhow).

 

i understand your view on usage of cctv footage, but as i said it can only be used for crime prevention (i certainly did not commit a crime by any stretch of the imagination); to ensure gaming is run openly and fairly (certainly not debatable) and retrospectively in the case of gross misconduct. my offence is (very) minor misconduct so i believe the footage should not be used.

 

my concerns are why it has been used. i have learnt that someone told tales (there is no possible reason to view footage of a casino with 5 customers at 5am); and also the way the issue has been escalated into a matter that can (as seems designed to) ruin my career.

 

my punishment can range from a verbal warning (i am completely clean diciplinary wise) to dismissal, hence my concerns with such a range.

 

thanks again for your opinions

You would be perfectly within your rights to suggest to your employer that you believe that an attempt has been made to discredit you, but I fear that to challenge the purpose of using CCTV and its role in catching you out runs a huge risk of being called a troublemaker, or worse, having something to hide. Whilst it may be true that their data collection policy statement regarding the use of CCTV could and should be more comprehensive, that would be an argument for the Information Commissioner about data protection rather than with your employer and their disciplinary procedures. An employer in investigating an allegation of misconduct would be entitled (I believe) to use whatever means are at their disposal to prove or disprove the allegation. What does matter and is crucial in the interests of a fair disciplinary policy is that the procedure is carried out correctly. To that end, you should have written details of the allegation together with the evidence on which they have based the decision to insigate the disciplinary procedure. You must be invited to attend a disciplinary hearing and warned what the possible sanction may be should they decide that disciplinary action is warranted and you must be given the right to have a work colleague or Union rep present. Following the hearing, you must be given the findings in writing, and a right of appeal if you wish to do so.

Once again, I have no knowledge of your employer, or the industry in which you work, but provided that the disciplinary procedure is carried out correctly, and any sanction is in line with company policy and action taken for similar misdemeanours with other staff, I do not believe that you can argue that their means of gathering evidence is inadmissible.

What exactly have you been investigated for and are they using the words Gross Misconduct (dereliction of duty, disregard for security etc)? You may in those circumstances argue that this was not the case due to having delegated that aspect of the job (providing that you had the authority to do so) and that this is nothing more than a minor misdemeanour (as supported by other, senior, staff) and an episode from which you have learned a valuable lesson. This may minimise any sanction to a warning and you could request that this remain on file for as short a time as possible considering your previously unblemished record.

Just a suggestion