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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44348
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A new question is answered every 9 seconds of our managers was taking pictures of us at work.I

Customer Question

Hi of our managers was taking pictures of us at work.I work in a warehouse and he wants to prove that they were standing doing it legal?
JA: Got it. The Employment Lawyer will know how to help you.
Customer: Thanks
JA: Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: One of our managers was taking photos pictures of employees.they stood because they were waiting for delivery and he started to take their photos
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: After that we went to HR to speak about think and we're advised by HR admin that we have to wait in the canteen.we were waiting but after few minutes I have been suspended for leaving work station and other are questioned about it
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Customer: My question is it legal to take pictures at work?
Submitted: 5 months ago.
Category: UK Employment Law
Expert:  Thomas Judge replied 5 months ago.
Let me see if I can help and please rate positive.The starting point is that under the Data Protection Act (DPA), if a photo is taken that contains images of clearly identifiable people then the consent of those people would be necessary. In obtaining consent the person taking the photo must inform the subjects what the photo is taken for, what it will be used for and where it will appear. This should be considered in conjunction with any specific policies you may have in the workplace as those would also apply. they may not necessarily override the law but may place additional requirements that must be met. Failure to follow the requirements of the legislation will result in the person taking the photo being in breach of the DPA. If you are concerned someone is breaching any of the Data Protection Act principles, in the first instance you should write to the organisation/person responsible for the breach. In your letter make it clear what the details of the breach are and ask them to rectify the problem. If they are unhelpful or fail to respond to you, inform the Information Commissioner. I hope that this helps. Please rate positive. You would still be able to ask any follow-up questions if necessary. Many thanks
Expert:  Ben Jones replied 5 months ago.
Hello, in addition to any data protection issues there could also be a human rights factor. Under Article 8 of the Human Rights Act 1998, individuals have the right to respect for their private and family life. Taking photos of an employee's will likely be an infringement of that person's private life, assuming their consent had not yet been obtained or if they have objected to it. So this is another potential argument that could be raised. In the first instance a grievance should be raised over this matter. If the grievance is unsuccessful then assuming the affected employees have more than 2 years’ service they can even consider resigning and claiming constructive dismissal arguing that the employer’s conduct had left them with no other option but to leave and can pursue this through the employment tribunal. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 5 months ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

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