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

[makkyinuk]

Yes I'm going to start the process, I need to be honest I haven't sleep at all.

I can't believe that my headteacher, the one that has the duty to care acted this way.

I feel betrayed.

I will do it ASAP I even found the email to sent it 

[BankFodder]

I am sure that you are in distressed about this but you should have sent the subject access request off already. This is urgent. There is a time scale and you can be sure that they will use it right to the end.

You need to take this seriously and you need to add quickly. You should act on our advice immediately or else there really isn't any point in discussing it.

[dx100uk]

i would not be sending the SAR by email.

you need a papertrail 

use royal mail 1st class stamp and get a free proof of postage from any PO counter.

dx

 

[makkyinuk]

OK. I'm sending SAR Monday first thing by mail as suggested, I did the ICO online

STU - I'm gathering everything to send the email to the CEO

we went to the shop to see what is the CCTV used for and the shop just have signs saying shoplifters would be prosecuted BUT against ICO regulations they aren't displayed any signs about CCTV been used to inform the public and the intentions of the CCTV and nothing about how are they using it.

This only make me think that it's the reason why they don't call the police and decided to play to be the law:

They aren't using their CCTV in a fair way 

[dx100uk]

signs etc are pretty much immaterial .

dx

[BankFodder]

Please can you post up the subject access request that you sent here. In PDF format please.
When did you send it?
You should be keeping very detailed notes of everything that happens – including meetings at work.
You should also keep a very detailed account of all the ways that this is impacting on you.
I foresee that at some point you will be starting a court claim against savers for breach of the data protection act.
You will be able to claim compensation for distress and you need to keep a very close account of every way that this is affected you – including emotional feelings, effect on your family, any actual expenses to which have been put – et cetera.

Being meticulous about this. Do it every day. If your distress gets to a point where you need to go to a doctor, then keep a note of this. Nothing is irrelevant. Lockdown the slightest detail

[makkyinuk]

Headteacher called me today saying I'm not suspended but still under investigation because she wanted to do everything right (after I send her the email saying all about the irregularities) and she also called HR for help.

She told me to enjoy the time at home and I told her she didn't asked me about my wellbeing, I told her I had a panic attack and she basically make a joke.about it and told me that only showed I wasn't ready to deal with this???

She said that even when the information was acquired illegally she can't ignore what she knows... and the rest was between the shop and me.

 

I'm absolutely devastated 

Yes I will post up SAR

[BankFodder]

I think she is probably right. She has to air on the side of caution – especially where children are involved.

You haven't given any response to my last post concerning SAR – and keeping details et cetera.

[makkyinuk]

Hello

Today I went to town and I saw my headteacher inside of the shop with the manager and I saw her going to the CCTV area.

Friday it's my disciplinary meeting. Even when I told her it was illegal to see the CCTV she feel over any law and went to see it.

I'm still waiting for the CEO answer and my SARS answer. 

I know she will sacked me in Friday. I'm absolutely disappointed.

Can I do anything against her?

[BankFodder]

Wait and see what happens on Friday. Make sure that you go in there and you take full notes of everything that has happened. You ought to tell them that you want a note taker to be present and if they won't have a note taker then you should make a note of that in your own notes.
If you are dismissed on Friday then you should begin unfair dismissal procedure against immediately.
How long have you been working there?

[Grotesque]

Wot BankFodder sez re. accompaniment and contemporaneous note-taking. Bear in mind that secret recordings, etc, are almost never admissible as evidence.

Is this definitely a disciplinary or a fact-finding meeting? What does the letter call it?

[Nicky Boy]

Might I suggest that you actually raise the issue of seeing her viewing the cctv, tell her that it's illegal, ask her to comment and make sure it's captured in the notes.

 BF's advice to start unfair dismissal action immediately may be a little premature. I believe you have to go through their appeal process first...

[Ethel Street]

If it is a formal disciplinary meeting which could result in your dismissal you have the legal right to be accompanied by a workplace colleague. Have you got somone going in with you? They can support you, ask questions on your behalf, help you prepare your case, help you present your case if you want. And take notes for you.

Have you been given a copy of the investigation report yet? You are entitled to know the details of the school's allegations against you prior to the hearing.

In particular if school case relies mainly on the CCTV you should be given a copy of it in advance and it should be shown at the hearing. It would not be a fair dismissal if made solely on the Head's interpretation of what they saw and you had no opportunity to rebut that by putting forward your own interpretation.

 

[makkyinuk]

Stage one disciplinary meeting.

I don't want to involve anyone from work this it's extremely embarrassing.

I don't have a copy of the investigation, should I asked for one? 

Do I have right to have a copy of the result of the investigation?

[Ethel Street]

I don't know what Stage 1 in your school's policy means. Every school writes its own disciplinary policy and they use different terminology.

Stage 1 could be an Investigation meeting where the head explains the allegation made against you, questions you, and you have the chance to give your response. Then after the meeting the head would decide whether there was sufficient evidence to justify going to a formal disciplinary hearing.  No final decisions can made at an investigation meeting to dismiss you. It is for the school to gather evidence.

Or in your school's policy Stage 1 could be the formal disciplinary hearing itself where the school makes its case, you respond and the disciplinary panel decides whether you are "guilty" and what sanction to impose, which can include dismissal.

Have a look at your school's policy and tell us what it says about the Stage 1 meeting. If it isn't clear post up here what the policy says about each of the Stages.

 

EDIT Also, what type of school are you in? Primary or Secondary? Local Authority school or academy?

 

[makkyinuk]

Primary School, local authority,   its the formal hearing after the investigation, ACAS and Citizen Advice Bureau says in their website I should have a copy of the results of the investigation. How can you recommend I ask for it? In the letter she asked me to provide with supporting documents but she was clever enough to never offer me ones.

 

Can I ask for a copy with base in the ACAS and Citizen Advice Bureau recommendation? 

[Grotesque]

1 hour ago, makkyinuk said:

 I don't want to involve anyone from work this it's extremely embarrassing.

I must honestly advise against this approach. Even if you don't want them to speak for you, it's always better to have your own witness ("just in case").

In any case, it sounds like the embarrassment might be all theirs!

(But of course, it's up to you at the end of the day.)

Edited January 16 by Grotesque
clarify

[dx100uk]

just type no need to keep hitting quote makky

dx

 

[Ethel Street]

Quote ACAS rather than CAB. Link is below.

Employer must give you in advance the outcome of their investigation and any other information they are going to rely on.

If they wrote a formal investigation report they must give it to you before the meeting. If they didn't write one they must give you any other evidence,  eg note of head's visit to shop and discussion there.

And the head's case must surely depend largely on the CCTV so that should be given to you as well. And shown at hearing.

You need all this so that you can prepare your response. So yes, ask for it immediately.

And I agree with last poster about you being accompanied by a work colleague. It's not your fault you are wrongly accused so nothing to be embarrassed about.

 

https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-4-the-disciplinary-hearing

[Nicky Boy]

If they don't give you all their evidence prior to the meeting, just start the meeting and immediately ask for it.

If they won't give you it (and give you time to review it) simply refuse to carry on the meeting until they comply... walk out. 

This should all be laid down in their disciplinary policy. Make them follow it!

Chances are, they won't even have a copy of the cctv... That would be a HUGE data protection breach.

Agree with other opinions... you really need a witness at the meeting. Your employers are the one's who'll end up with egg on their faces.

[BankFodder]

As I have already said, make notes of the meeting. After meeting – whatever happens, write a detailed account of what happened and if there were any disagreements such as they had failed to give you advance information then make sure that is detailed and then write them a letter outlining your recollection of events

[Ethel Street]

@makkyinuk I'm a school Chair of Governors and I've been on many staff disciplinary panels over the years so I hope you don't mind me giving you some advice on presenting your case at the hearing.

I know you are rightly incensed about the shop manager's breach of GDPR, but pursue that as a separate issue with the shop and don't drag it into your school disciplinary hearing and especially don't put it forward as any type of defence.

Because your whole defence to the allegations is that didn't you steal anything, you are innocent, you are falsely accused.

So why would you want to use a technical GDPR defence to stop the disciplinary panel seeing the CCTV? On the contrary, you want the panel to see all the CCTV, because it will prove that you didn't steal. You want to be as open as possible. Anything that sounds like you not wanting the panel to see the CCTV could count against you.

In your position my line with the panel would be something like 'although the shop had no right under data protection law to show the CCTV to the headteacher I'm glad we have it here to see today as it will show that the allegation is wholly unjustified and not supported by the CCTV....".

But it's your hearing so up to you how you want to present your case.

 

[makkyinuk]

Thank you!!! I needed this. 

I don't mind her seeing the CCTV it's just I hate her for always feeling over the law. She's going to see whatever she want to see in that video and she's going to think whatever she wants. 

She has been accused of so many things and one day everyone put the allegations in papers around the town and she was angry because it was a breach of data protection...

Also I ask to see the CCTV and they refuse and asked me to do a SAR but she just can walk inside and whatever she ask for.

I don't care about the CCTV it's the way she's acting

[BazzaS]

Are you a member of a Trades Union?

[BankFodder]

I asked you a while back how long you had been working there but you haven't answered