Hi people need your help.

My girlfriend has just returned home from work where she works in a cctv covered environment.

She received a creepy txt from a colleague commenting on what she was wearing and

when she contacted them it transpires that him and another male colleague were based in the security office that day

and had been following her all day on camera.

Some of these cameras are in a public area

but another is in her private office where there is no reason to observe her.

This really made her uncomfortable and doesn't sit well with her or me at all.

Is anyone aware of the legality of this if they arebreaking rrules etc?

Many thanks your response would be greatly appreciated

Hello and welcome romeo07,

I have moved this thread to a more appropriate Forum where you should get some advice shortly.

Regards,

Scott.

Hi,

does the company have a standard policy on CCTV use?

I'd actually be raising a sexual harassment grievance irrespective of how the harassment took place. No one should have to work with creepy guys who think this is acceptable behaviour.

How long has she worked there, is it a big enough place to have an HR department, and does she think they will be supportive?

Any use of CCTV monitoring should be reasonable and proportionate. What they did was bordering on sexual harassment IMO.

I think a complaint is in order - carefully worded so as to protect against unfair dismissal if length of service is an issue.

It is a big company with a hr department. Her actual department is like a big boys club so she's thinking ofgoing to HR as if she goes to her boss it will probably be swept under the carpet. Hence this post to see if she has a case, many thanks guys

Things to check

- harassment or bullying reporting helpline?

- trade union support?

before quiet word with HR to test the waters

Thanks guys she's so frustrated,

she's the only woman in a department of approx 12 guys and

this type of behaviour is so antiquated

I thought there was supposed to be equality in the workplace,

to do what they done and txt her to make her aware they're watching her is ridiculous.

She's looking for another job as this behaviour occurs and nothing happens

so she's just concerned that if she doesn't act now if this is tolerated and not punished then it will escalate and get worse

It's very tough being a sole woman. I would advise her to start writing down every incident that happens, time, date, who said what and what was said/done, and to talk to HR right away.

One of the main reasons I get annoyed with the "I'm not a feminist but.." brigade and equally the "what about men's rights" crew!!

Hi people need your help.

 

My girlfriend has just returned home from work where she works in a cctv covered environment.

 

She received a creepy txt from a colleague commenting on what she was wearing and

 

when she contacted them it transpires that him and another male colleague were based in the security office that day

and had been following her all day on camera.

 

Some of these cameras are in a public area

but another is in her private office where there is no reason to observe her.

 

This really made her uncomfortable and doesn't sit well with her or me at all.

 

Is anyone aware of the legality of this if they arebreaking rrules etc?

 

Many thanks your response would be greatly appreciated

Theabove is clearly serious workplace harassment – sexual harassment intentionallydesigned towards against your girlfriend.

This ismy advice and opinion, based on thematters posted here by you. I must stress that neither You nor your girlfriend are not obligated to follow thesame.

1. Inthe first instance, I advise yourgirlfriend to send a brief letter direct to the CEO of the company and tocopy the Chairman in on the same as regards the CCTV and “creepy” text fromfellow employee commenting on what she was wearing that particular day.

2. Acopy of the “creepy” txt needs to be included with her initial letter. Your girlfriend must state that unless thiscompany takes her serious matter of sexual harassment seriously and until the perpetratorsof such are dismissed from the company, that she will not be retirning to herwork since she believes that the actions of (state their names here) to be disturbing and has left her in a stateof fear for her safety and privacy within the premises of the company.

3. Sheneeds to state in her letter that if the company does not take this matterseriously and remove (state names ofpersons here) on the grounds of their gross, inexcusable and unacceptable misconduct towards her, then will have no option other than to leave the companyand if this should be the case, she will commence with legal action against tosue them on the grounds of sexual harassment.

Shesincerely hopes that the above will be taken seriously by her superiors andfurther hopes that the above-mentioned legal action will not become necessary.

She willonly return to her contracted place of work with the company, upon themproviding her with unequivocal confirmation that (state name of bast*rds here)have been suspended from their posts pending the outcome an investigation bythe company into this serious matter.

I lookforward to your swift response to this important matter by return.

Yoursfaithfully (sincerely if she knows CEO & Chairman’s addressee)

CC. Company Secretary.

(her line manager)

Kindregards

TheMould

demandingother people get sacked prior to an investigation will get you precisely nowhere.

Guys appreciate your postings today and it's reiterated how serious this was and that it should not be tolerated. My girlfriend feels more confident pursuing this matter now.

i would also include a picture of the text message received, just to show it was a text received and that she is not making it up..

Would this not be covered by RIPA?

What's RIPA?

What's RIPA?

Regulation of Investigatory Powers Act 2000 but this only applies if she works for a public company.

Nothing to do with RIPA (unless as stated the OP's girlfriend works for a public body), but there is more than enough detail contained within Article 8 of the HRA and the DPA to be able to follow this through effectively.

As stated, any CCTV must be restricted solely to the intended purpose contained within the employer's DPA registration. The OP's girlfriend may work in an environment where personal surveillance is deemed necessary (cash handling, vulnerable position etc), but access to the footage must be restricted to only those with a specific need to view them (security, management etc) and I will bet that thie people involved here had no right, requirement or authority to be looking at the images, let alone using them in the way that they did.

Even if there is a legitimate need to monitor the employee, and even if the colleagues concerned had an authority to view the footage, the use that they put the CCTV to in this instance (IMO) will almost certainly put the employer in contravention of their obligations under the HRA and DPA. The employee could also (although in not as dramatic a manner as suggested by The Mould) quite rightfully claim that these actions make her sufficiently uncomfortable as to be reluctant to work under the CCTV cameras unless there is action taken to prevent this happening again.

Playing devils advocate again and certainly not excusing the behaviour but, what did she reply and how did they know her number.

RIPA is a permissive legislation allowing public bodies to engage an individuals absolute right to privacy, it includes the use of CCTV, ANPR and other methods of gathering private information. All activities that will be engaged under RIPA have to comply with strict tests and processes of authorization.

Private use of CCTV is not bound by RIPA but the absolute right to privacy is engaged the private individual who is subjected to this unlawful intrusion on their private life without any reasonable excuse MAY have a right to redress.

These guys were clowning around and were probably ignorant of the law regarding the CCTV use, there is guidance on the Security Industry Association site. in my opinion the company are negligent in allowing untrained, unsuitable buffoons access to the CCTV, the buffoons have unlawfully engaged your partners right to privacy, they messed up by sending the text, record the text, obtain the CCTV recording from the day in question and take this fight up if you want to. Hard drives and servers can be forensically examined at a later date but it's easier to get the evidence now

the behavior is inexcusable and these sort of incidents cause huge problems for decent and legitimate users of CCTV for public safety and crime prevention

Hi rome07

I think what happened is definitely misuse of the company's CCTV in terms of your girlfriend's right to privacy, it depends on the context. But from the details you give sexual harassment is a little far-fetched.

I would advise that the best thing to do would be for your girlfriend to have a quiet word with the person involved, in most cases that will be enough to put a stop to it.