using cctv evidence at a disciplinary

Jensen17

Hello,

I'm facing a disciplinary at work (waiting on the hearing)

They said they have cctv footage of me sitting in my van while onsite, But my question is can they use this footage if they do not own the site, i work for a company that works on behalf on a retail park.

they have an employer that works for them that checks the cctv when there is a instance on that site like car brakings or shop lifting.

i've need seen this footage yet i will ask to see it once i have my hearing, i just want to know where i stood on the matter.

Thanks

pmduk

I'm not sure why you feel that they can't use the CCTV? If the retail park is paying your employer to have staff working on their behalf, surely they're entitled to bring that to your employer's attention?

Sorry, if I've come to the wrong conclusion but the op was so short on facts.

sangie595

pmduk wrote: »

I'm not sure why you feel that they can't use the CCTV? If the retail park is paying your employer to have staff working on their behalf, surely they're entitled to bring that to your employer's attention?

Sorry, if I've come to the wrong conclusion but the op was so short on facts.

I agree. I think the OP is worrying about the wrong point too. This is not a court of law. The OP hasn't been screaming that they didn't do it, so I'm assuming they think they can get away with it if they can discredit the evidence. Oops. No chance.

OP, if the employer is correct you are screwed. In which case, groveling and abject apology is the way to go if you wish to keep your job.

shortcrust

I think it's a complex question and we don't have nearly enough information. Assuming that this really would a case of disclosing the CCTV to a third party (and that isn't clear to me), then they have to make sure that the third party's needs (your employer) outweigh yours. Also, CCTV systems have to be there for a purpose and they should really only be used for that purpose unless there are good reasons otherwise.

What's the problem with you sitting in your cab? Is it just that you weren't doing what you were supposed to do or is there some health/safely issue? If it's just about skiving off then that might not be a great reason to disclose CCTV that's collected for security purposes.

I think the problem for you is that you really have no need to keep the footage private apart from you not wanting it to be used for the disciplinary. You were at work, during work hours in a place where you know there's CCTV. You had no expectation of privacy, and disclosing the CCTV doesn't really impinge on your privacy or put you at any risk.

Even if they fudge the rules there's not much you can do to stop them using it unless you're prepared to go to court with a very good solicitor. You can complain after they've used it, but action only gets taken against serious breaches.

This is just my very non-expert take from reading stuff online. Often non-experts make a real mess of interpreting this stuff, so perhaps take it with a pinch of salt. Makes me ask myself why I bothered!

Sangie is of course quite right in that stopping them using the CCTV isn't really going to help you anyway.

Comms69

Are you claiming to be working when you are not?

Comms69

shortcrust wrote: »

I think it's a complex question and we don't have nearly enough information. Assuming that this really would a case of disclosing the CCTV to a third party (and that isn't clear to me), then they have to make sure that the third party's needs (your employer) outweigh yours. Also, CCTV systems have to be there for a purpose and they should really only be used for that purpose unless there are good reasons otherwise. - I think you're mistaken. Like any video, ownership remains with the retail park and they are free to share this as they see fit, as long as it aligns with their GDPR policy. There is no need to 'weigh needs'.

What's the problem with you sitting in your cab? Is it just that you weren't doing what you were supposed to do or is there some health/safely issue? If it's just about skiving off then that might not be a great reason to disclose CCTV that's collected for security purposes. - can you provide a source for this?

I think the problem for you is that you really have no need to keep the footage private apart from you not wanting it to be used for the disciplinary. You were at work, during work hours in a place where you know there's CCTV. You had no expectation of privacy, and disclosing the CCTV doesn't really impinge on your privacy or put you at any risk. - Indeed.

Even if they fudge the rules there's not much you can do to stop them using it unless you're prepared to go to court with a very good solicitor. You can complain after they've used it, but action only gets taken against serious breaches. - im not sure the OP would have any case.

This is just my very non-expert take from reading stuff online. Often non-experts make a real mess of interpreting this stuff, so perhaps take it with a pinch of salt. Makes me ask myself why I bothered!

I agree, think you're confusing a number of sources.

stator

There's nothing to stop your employer using the CCTV evidence.
You might have a complaint against the company who made the CCTV footage in regards to data protection, but it's an extremely weak case and I don't believe it has any merit. And if you did have a case it wouldn't help you at your hearing

ohreally

When I was a steward I recall an instance of 4 or 5 members leaving work early on a public holiday, employer took decision to go straight to disciplinary and was almost orgasmic when it was discovered the existence of CCTV footage capturing the guys walking out early, into cars and driving off.

A quick word with management to point out their policy permitted cctv only for the purpose of crime prevention and staff safety quickly quelled their enthusiasm. It was also pointed out the manager who went looking for the cctv evidence had no right to view it.

All accusations were dropped and the situation died a death.

You may want to find out if the cctv policy permits third part access.

Undervalued

shortcrust wrote: »

I think it's a complex question and we don't have nearly enough information. Assuming that this really would a case of disclosing the CCTV to a third party (and that isn't clear to me), then they have to make sure that the third party's needs (your employer) outweigh yours. Also, CCTV systems have to be there for a purpose and they should really only be used for that purpose unless there are good reasons otherwise.

What's the problem with you sitting in your cab? Is it just that you weren't doing what you were supposed to do or is there some health/safely issue? If it's just about skiving off then that might not be a great reason to disclose CCTV that's collected for security purposes.

I think the problem for you is that you really have no need to keep the footage private apart from you not wanting it to be used for the disciplinary. You were at work, during work hours in a place where you know there's CCTV. You had no expectation of privacy, and disclosing the CCTV doesn't really impinge on your privacy or put you at any risk.

Even if they fudge the rules there's not much you can do to stop them using it unless you're prepared to go to court with a very good solicitor. You can complain after they've used it, but action only gets taken against serious breaches.

This is just my very non-expert take from reading stuff online. Often non-experts make a real mess of interpreting this stuff, so perhaps take it with a pinch of salt. Makes me ask myself why I bothered!

Sangie is of course quite right in that stopping them using the CCTV isn't really going to help you anyway.

Sangie is also correct when she says that this is not of court of law. To dismiss fairly (in law) or apply a lesser sanction the employer simply needs a reasonable belief that misconduct took place.

It doesn't matter if they were entitled to see the CCTV or not. They have seen it and it shows whatever it shows. If the owner of the shopping centre has broken data protection regulations by disclosing it, that is their lookout and they may find the Information Commissioner coming after them. However that doesn't help the OP as far as the disciplinary is concerned.

Undervalued

ohreally wrote: »

When I was a steward I recall an instance of 4 or 5 members leaving work early on a public holiday, employer took decision to go straight to disciplinary and was almost orgasmic when it was discovered the existence of CCTV footage capturing the guys walking out early, into cars and driving off.

A quick word with management to point out their policy permitted cctv only for the purpose of crime prevention and staff safety quickly quelled their enthusiasm. It was also pointed out the manager who went looking for the cctv evidence had no right to view it.

All accusations were dropped and the situation died a death.

You may want to find out if the cctv policy permits third part access.

They may have done but that was their CCTV and they chose to drop the disciplinary rather than risk a complaint about data protection. That does not mean the CCTV wasn't adequate evidence to give the employer a reasonable belief of misconduct.

This is different in that, as I read it, a client has made a complaint and has provided their CCTV as evidence. It is not the employer's concern whether the client had the right to do this or not.

xapprenticex