illegal to make video recording....?

harry112

Hello,

I am not sure if I am posting this question in the right forum - apologies if it is not.

I run a recruitment consultancy and a candidate of mine was working for a client. The candidate contacted me to say that the candidate would no longer would be working with that client. I had reason to believe that the client had taken the candidate on themselves rather than through my recruitment consultancy - this is a breech of the terms and conditions they agreed to and I am taking this matter to the small claims court.

I then visited the workplace of the candidate and saw the clocking in cards and signing in/out book which was at the front of the reception, visible for everybody to see. The clocking in card showed the name of my candidate and the date which was the date AFTER the candidate rang me to say that the candidate no longer would be working. The candidate also had the name and date in the signing in/out book. My suspicions that the client employed the candidate through themselves rather than through me were correct. So I made a video footage of the clocking in cards and the signing in/out book as proof for when I take this matter to the small claims court. I have since notified the client that I have this proof and they are claiming that what I had done was illegal. The clients did not know at the time that I was making a recording, I visited the clients to give them some invoices which were due and saw the candidates name on the cards and book so I took out my phone and made a quick recording as proof.

My question is this: Was what I done illegal? Am I entitled to or allowed to make a video recording? The recording only shows the clocking in cards and the singing in and or book, it does not show any person or even the property itself, it is specifically the clocking in cards and the singing in and out book only. It might also be worth mentioning that these were at the front of the reception, anybody can walk in and have a look at them.

Thanks in advance

4743hudsonj

No... theyre empty threats, all they could do is kick you out if you tried to get in again, they cant do a thing about the footage.

fthl

and as part of the legal proceedings you should be able to use the disclosure rules to nail them to the wall. this said, you can be sure that there will be no more business from there in the future...

Zazen999

I've read this before on here......dmg will be along later with a linkie as she's clever like that.

ETA: Found it...https://forums.moneysavingexpert.com/discussion/2436337

BillTrac

I am sure I have seen this exact same thread somewhere. A few months ago.

now I'll have to search...:mad:

Zazen999

Not too far you won't as I've already posted the link

BillTrac

Zazen999 wrote: »

Not too far you won't as I've already posted the link

I know, cross posted

well done you...:T

I searched under harry112 but didn't relate the 5k thread to this one.

least I know I ain't going mad(der...)

harry112, are you really in the right profession?

epsilondraconis

After reading the OPs first post in this thread I too thought that I had read about this before.

Unfortunately I've no advice for the OP apart from wishing him the best of luck.

PasturesNew

It may be illegal as you were on their premises. If I use an example from photography and the street, I can walk down your street and take photos of your house and use/re-sell them in a photo library. If, however, I let myself into your garden and up your path and take photos, then you will have the rights to those photos as I stood on your land to get them.

An alternative might be to stake out the premises, from a public area, and video the candidate arriving for work a couple of mornings.

unholyangel

PasturesNew wrote: »

It may be illegal as you were on their premises. If I use an example from photography and the street, I can walk down your street and take photos of your house and use/re-sell them in a photo library. If, however, I let myself into your garden and up your path and take photos, then you will have the rights to those photos as I stood on your land to get them.

An alternative might be to stake out the premises, from a public area, and video the candidate arriving for work a couple of mornings.

I dont think taking the photos themselves would be illegal. More the act of trespassing. Which - seeing as he was there on business and hadnt previously been made unwelcome - isnt really a issue.

The fact the books are in public view suggests there is no secrecy surrounding them either. Different if they had been locked away in a drawer and he had went into the drawer to get them.

I seem to recall someone saying that small claims is different from criminal court in that criminal court obviously need to follow strict evidence guidelines in order to make sure the proceedings are not corrupt or unfair etc, small claims arent as......stifled.

harry112

Thanks for all your replies guys. I think that the evidence should stand in small claims court, considering the facts that the client tried to pull a fast one and that the invoices were overdue and have still not been paid. These are reasons which led me to make a video recording just incase the client decides to remove the clocking in card, so I have solid proof now.

Cheers