Accused of shoplifting - shop manager contacted employer offering his CCTV and i might get sacked - is this even legal under GDPR!!

[makkyinuk]

Hello

 

this morning I received a called from my headteacher asking me to go to a meeting and asked me to not go back to the classroom.

The manager of the local shop savers said he saw me on cctv taking an eyeliner and months ago placing an empty box.

I didnt take the eyeliners I was holding multiple things but they were left in the shop. I didnt take them,

he instead of detaining me or calling the police saw my lanyard and called my headteacher. Not the police, my headteacher

I'm suspended under investigation till my school decide my fate.

I went back to look at the CCTV to show them I placed them back and they denied it.

I also offered to pay and they don't even know what I supposedly took.

I can't pay for something  i dont have.

Can anyone help?

Was the manager's procedure right? What can I expect?

Thank you

[honeybee13]

Hello, welcome to CAG.

I've moved your thread to our Employment forum and left you a link to follow. People should be along to advise later.

Best, HB

[dx100uk]

he should not have done that, it's against GDPR rules im sure and p'haps many privacy and legal rules. he is not a judge nor a court.

 

[makkyinuk]

Also he and my headteacher told me that the manager was going to show the CCTV to my headteacher. I want to know if that's legal. 

I ended in hospital today because of a panic attack I had my appraisal last week and I was the best teacher assistant last term. 

[Ethel Street]

Do NOT offer to pay the shop. If you took nothing you owe the shop nothing. Offering to pay will make the shop and your school assume you did take the item(s). Because why would an innocent person offer to pay?

Are you in a union? If so call them for advice immediately.

What is your role in school? Teacher? TA?

There are two issues here.

1. Was the shop manager entitled to tell the headteacher what he did? Did the shop manager send the CCTV footage to the headteacher? If he didn't how does the school know the shop is referring to you?

2. Was the headteacher entitled to suspend you?

[makkyinuk]

I'm a teacher assistant.

The guy saw my id hanging from my neck and decided to call her instead of detaining me or calling the police.

Headteacher said she was going to go and take a look at the CCTV. 

I haven't done anything wrong. I'm absolutely devastated

[jk2054]

well when they look at the CCTV they will ese you did nothing wrong

 

DO NOT OFFER TO PAY - it just makes you look guilty.

If they come back and say u didnt place it, then you ask for a copy of that CCTV and IMHO you sue the company and the school although a colleague may tell me I'm a bit too harsh there.

But if that was me, and I got fired over it, that would be a court claim for both of them. Unfair dimissal for one, GDPR for two, and also and a colleague may once again correct me here but I think you can sue the shop for loss of earnings because they've lied which has made you lose out on earnings. Not sure what law this is under but DEFINITELY sounds like a viable claim to me,

[dx100uk]

yep totally agree. sue the **** off them if anything happens.

pers i would be telling the headmistress she is on extremely dodgy legal grounds here , the CCTV is your personal data and the shop manager has ZERO legal rights to show it to her and she has ZERO legal rights to view it. refuse your permission for her to view it.

the shop manager legally has no business at ALL in contacting your employer either what a CAD. 

OUT OF ORDER.

pers id take him to court and sue regardless to what happens under GDPR rules.

 

[dx100uk]

thread title updated

dx

 

[stu007]

Can I also just add to the comments already.

1. What the shop has done with the CCTV is a clear Breach of the Data Protection Act as they had no right to inform nor show that CCTV to anyone in your school/employer as it is absolutely nothing to do with your employer. report the shops actions to the Information Commissioners Office (ICO). In fact ask the shop for there ICO Registration Number

 

Data protection and personal information complaints tool

ICO.ORG.UK

---

Find out what to do next if you’ve had a problem accessing your personal information from an organisation, or if you’re unhappy about how an organisation has handled yours or other people's information. You should...

2. As above this is nothing to do with your Employer but to do with that Shop Only.

3. IMO I also would be reporting that shops actions to the Police as is that shop suspected theft then it is the Police they should have went to not your employer so report this incident to the Police and get a Crime Reference off them.

4. DO NOT offer to pay for anything as you took nothing from that shop.

5. Sue the hell out of that shop and the staff member that has done this they need to be taught a lesson on how not to use CCTV and approach someone's employer.

 

I think you need to inform your Employer that you refuse for them to look at that shops CCTV for the simple reason they are not the Police and also have No right under Data Protection Act 2018 to do so and that you wish the Police to be involved in this matter for them to view the CCTV as the shop approaching you my Employer about this CCTV is also a Breach of the Data Protection Act

In your scenario here the only people outside that shop that have a Legal Right to view that CCTV are the Police Only NOT your Employer.

Next I feel you need to make a Formal Complaint to the CEO of Savers about this specific shops actions and how you feel about it and do not hold back about how you feel and make sure to be clear you took nothing with what is claimed.

1. The shop had no right approaching your employer and offering them to view the CCTV

2. The above actions with the CCTV is a clear Breach of the Data Protection Act 2018.

3. I had nothing to do with this supposed theft which if it was then your store should have clearly involved the Police rather than go direct to someone's employers as they are not the Police nor the Courts and I will fully defend myself in this matter.

4. Due to your stores action I have been suspended by my Employer until they view the CCTV which if they do is another clear breach of the Data Protection Action 2018 as the only people outside this store that can legally view that CCTV Footage is the Police

5. Your stores action are in Breach of the Data Protection Action 2018, by approaching my Employer and my Employers action due to this is defamation caused by your store.

6. Why has this store to date not involved the Police if this is a claim of theft?

7. I require to be provided with a copy of this CCTV Footage and for it NOT to be deleted and it must be stored and I require confirmation of this.

8. I require to be provided with the CCTV Policy for that specific store

9. I require the ICO Registration Number for that specific store.

10. I require to be provided with a copy of your Company Data Protection Act Policy

11. I require the full name of the Manager of that specific store

12. I should remind you of the Vento bands in force which I will use due to the above

https://www.judiciary.uk/wp-content/uploads/2023/03/Vento-bands-presidential-guidance-April-2023-addendum.pdf

 

Head Office

Savers Health and Beauty Ltd, Hutchison House, 5 Hester Road, Battersea, London, SW11 4AN

Chief Executive Officer (CEO) Doug Winchester

Email:  [email protected]

You now want a good paper trail of all of this as your own evidence

 

[BankFodder]

Please can you tell us the name of the shop. If you prefer not to do that on the open forum then please could you email it to us in confidence at our admin email address.

Is this a privately owned shop or is it part of a chain?

If it is part of a chain then you should start off by sending them a subject access request.

If it is a privately owned shop then you should still send them a subject access request but things may be a bit more difficult as the owner of the shop may well want to come out completely and support all the manager.

Shoplifting is a major problem for these retail outlets at the moment and so to a certain extent one can understand the reaction. However on the basis of what you say, the action of the management was extreme and also unlawful.

Hot certainly would be careful about the way that you deal with your head teacher. You need to do everything you can to bring them onside and not deal with him in any conflictual way.

Please let us have details of the shop either on the open forum or by email

[makkyinuk]

It's Savers.

I just messaged my headteacher about the irregularities in her investigation just because I need her to understand that the actions of the manager were malicious and she's only doing this investigation because of his illegal actions.

[Ethel Street]

You didn't answer my earlier question. Are you in a union?

[makkyinuk]

Sorry, no I'm not in an Union.

My headteacher kept telling she was going to take a decision after seeing the CCTV now I don't know even if she has the right to watch and to decided after it because it would be an unlawful act. 

The manager saw my name from my lanyard while paying and he decided to call my headteacher to make a complaint.

Next day headteacher told me the allegations and sent me back home while investigating.

I must say I was never detained in the shop, I never gave them my data and I wasn't banned from the shop.

I don't even understand how my headteacher can do this just from a private phone call. 

Police weren't involved at any point

[BankFodder]

Send them a subject access request and also please answer the question put for my the site team colleague about Union membership

[makkyinuk]

I answered the enquire

[Nicky Boy]

Have all the actions (meetings, suspension and "conversations") taken by the school been done correctly, in line with their disciplinary policy?

Have all meetings had a note taker?

You may well need a paper trail further down the line...

Tagging @Emmzzi for any possible advice in this regard...

[makkyinuk]

No, just one meeting with the school.

Nobody was taking notes, they only gave me their procedures code and thats all.

Interaction had been by phone and email.

I was notified that my suspension yesterday wasn't a disciplinary action and they asked to not go to work on Monday because they need to keep investigating. I haven't signed anything, haven't been handed a suspension notice.. NOTHING.

In the school week view I'm only out on Monday - I don't really understand what's happening. 

Yesterday I had a mental breakdown and the headteacher tried to contact my husband to check over me.

I wasn't happy with her manners to deal with this and her desire to see the CCTV because she has years of experience, she must know she can't legally request to see a third party cctv. 

I don't even know why she took seriously the call from the manager. 

 

[dx100uk]

quite honestly i'd copy and paste stu007's whole post above into an email to the headmistress.

 

[Nicky Boy]

14 minutes ago, makkyinuk said:

they only gave me their procedures code and thats all.

And have they actually followed their procedures... To the letter?

[makkyinuk]

@dx100uk I did it at 7 am today step by step and explaining the unlawful of her actions and the shop manager ones. I know she has the right to investigate but that stupid idea of feeling a criminal detective its absolutely absurd. 

 

[dx100uk]

i think you'll find things will swiftly change very very soon!!

she will be very worried by that. and know she doesn't have a leg to stand on.

 

[makkyinuk]

28 minutes ago, Nicky Boy said:

And have they actually followed their procedures... To the letter?

I think they are trying to. But I hope her investigations ended after she notices she doesn't have a any legal power to judge me because of rumours. 

[Grotesque]

If - and it's only an if at this stage - it's not all cut and dried with work in the future, you need protection in that regard too.

You were asked whether you were in a union. You gave a wrong answer! Join now: if this goes to a tribunal later, they will know exactly what to do, both legally and administratively, and have entire departments working on your side. And bearing in mind the school will presumably be in breach of its statutory obligations (GDPR, duty of care etc.) they'd happily take it.

They also know exactly what it is that the HT should/shouldn't have done, and probably better than her! But join now before it becomes official.

Hopefully, it won't, of course, but some are leery about representing members who join after the event.

Edited January 13 by Grotesque
decode

[BankFodder]

Still trying to find out if you have sent or if you are planning to send the subject access request.

This should be sent to the head office of savers. It should be done immediately together with some identity documents such as a utilities bill.

Really is essential and it would be very helpful if you would acknowledge this suggestion which has been made twice previously