A question about employment law

I can see this going badly for your company. Clearly he is no mug.

My gf was once invited to a discplinary which was a sham. Unfortunately for them I prepared her with what they can and can't do and she took a recorder in with her and recorded it.

I laughed my socks off at how many **** ups they made which if they had tried to enforce anything from it, they would have been dead in the water.
 
We consulted a solicitor and they said that CCTV could be used in this manner and contract with the employee wasn't required.

So it looks like they can't use that as a defence.
 
Bleek said:
We consulted a solicitor and they said that CCTV could be used in this manner and contract with the employee wasn't required.

So it looks like they can't use that as a defence.
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I didn't say a contract was needed, just that for cctv to be used in disciplinary cases your company needs to have followed certain rules. So long as they have the right signs up and they have a cctv monitoring policy and made the employees aware of what the cctv was being used for then it can be used in disciplinary cases. Note that covert cctv can only be used for criminal or safety reasons.

I presume if the solicitor has given the legal okay then you must have a policy and the right signs?

Also ntoe that under the data protection act, the employee does have a right to view the recordings and info on him. Also if keeping recordings you have to make sure that as a company you are not in breach of the data protection act.

Useful info here:

http://www.rmt.org.uk/shared_asp_files/GFSR.asp?NodeID=100105

http://www.ico.gov.uk/upload/docume...ecialist_guides/employment_practices_code.pdf - see section 3
 
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Excellent links. Thank you.

It does appear that this kind of monitoring is considered intrusive and therefore could be an issue, we don't have any signage that I know of and as far as I can tell no CCTV policy in place.

...looks like I'm building a case for the employees defence here, not that I mind of course. I'll relay the facts and nothing but the facts.
 
As suspected a clean HR file with no prior warnings or issues, at least not formally.

A snippet of his email to us:

If CCTV evidence is gathered using overt surveillance methods, workers should have access to the information, be afforded the opportunity to explain or challenge the footage and be allowed to make representations before any disciplinary or other action is taken by the employer.

You are obliged to defer the flexible working time suspension and formal meeting as under the circumstances both of these measures are premature and inappropriate.

You are also required to provide me with the CCTV evidence, in full and at your earliest convenience, and allow me reasonable time in which to reply before taking any further action.
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Oh look, someone may have put him in the direction of the ICO... *cough*

The fact the HR file is clean makes this all the more annoying.
 
Your company really should get hauled over the coals for trying this. Thankfully this guy sounds like he knows what he doing. With his subject access request and the company's failure to comply with signs and in the contract he really shouldn't have a problem winning anything thankfully.
 
Well good news of sorts, the Doctor has written a statement to defend the employee stating he should be allowed some flexibility on his working hours and start times due to anxiety and sleep deterioration through stress related issues. A warning shot has been fired.

HR have yet to reply, but it's unlikely they'll be able to pursue the current course of action through a capability hearing.

...I wonder if that'll be the end of it. What a complete waste of time and resources!
 
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