Help understanding CCTV laws.

[Kakazam]

Hey I'm currently facing disciplinary action at work and was looking through the previous posts on this site regarding the law with recording and watching members of staff.

 

A few weeks ago I was put under investigation over taking an 'unofficial break' during work hours.

 

I was in my department, had finished the majority of my work, it was a quiet day and the cameras had supposedly seen me sitting on the floor doing no work

(sitting on the floor is quite common with many staff due to the bottom shelves being hard to reach while standing).

 

I work for a large retail company who hire an external security company to monitor the cameras

and have been told that the managers of the store are not allowed to use the cameras to monitor members of staff in order to discipline them;

the cameras are there for security purposes.

 

However, I find myself in a position where the camera has caught me not working for a short period of time

and due to me sitting on the floor security have notified a member of management.

 

My problem is that I'm 99% sure and as are most of my colleagues that managers have been using the cameras to catch members of staff not working.

Yet in over three years of working for the company I have never heard of this action being taken place before.

Not only that but it is common for members of staff to be standing around for up to half an hour at a time doing nothing yet no action has been taken by security to notify management.

 

Is there any sort of way I have had my rights breached?

 

If management are allowed to watch cameras and use them to take action am I being picked on due to nobody else having this action taken upon them considering

I have a rocky relationship with some managers?

 

Thanks for any information

John.

[Sidewinder]

You need to look at the stated purpose(s) for which CCTV is installed. All data subjects must be informed that they are being monitored, and the purposes for which monitoring is necessary. You should have a clause in your contract, company handbook, or an accessible notice which states that CCTV is installed for purposes X, Y and Z - usually detection and prevention of crime, health & safety and staff monitoring. Any use of CCTV must be proportionate and relevant.

 

Crime prevention and health & safety are normally a given, and the latter will normally permit for a degree of 'incidental' staff monitoring. Of course if CCTV demonstrates that staff are not working then management will inevitably act on this, and that would almost certainly be lawful.

 

Unfortunately the fact that you have been 'caught' and others have not is not in itself a defence - you will have to try and prove that others are equally guilty and that the management know of this and are turning a blind eye - that and the fact that the amount of work is insufficient? You could try a challenge on the basis that their data protection registration does not permit the use of CCTV for staff monitoring, or that such use constitutes a breach of your human right to privacy, but that could well be a long and fruitless road.

[stu007]

Hi

 

I would also write to HR of the company (always get proof of posting and keep a good paper trail) and request the following doucments:

 

(Now do not accept if they say its in the Employees Handbook as this will mostly be a shortened version of the actual documents, you want the full unedited versions. Also when you get these check the date they were approved and importantly the date they are next due review)

 

1. Disciplinary and Grievance Policy and Procedure. ( You want both)

2. CCTV Policy and Procedure. (You want both)

 

Also check your Contract of Employment for any reference to CCTV, and whether you may have signed a disclaimer for the CCTV to be sure.

 

These PDFs may be of some help to you:

Edited December 23, 2012 by stu007

[Kakazam]

Thanks very much for the information. I will have a read through the attached files and request the information I need today. As for proof that other people do the same I will use my friend who is a supervisor as a witness at my disciplinary hearing who can reassure them this is something almost every member of staff does.

[Atlas01]

"what everybody else does" usually falls on deaf ears when trying to defend yourself, how long were you sat on your posterior?

Edited December 23, 2012 by Atlas01
sp

[Kakazam]

It's fine now, I spoke to them today and I think they may have been spooked by me asking about legal documents. They aren't willing to take it any further and just put a note in my file to say I had spoken to them.

 

Thanks for the help, it's much appreciated, not only by me but also other members of staff regarding procedures.

[stu007]

Hi

 

Kaz its a pleasure to have been of assistance and as long as your happy with the outcome thats the main thing.

 

Oh something to remember in case this issue with the CCTV comes up again since they have this they would also need to be registered as a Data Controller.

[Andy77799]

Bit of jargon mentioned and a quick step back, nicely resolved in an instant!!! Happy Christmas.