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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 6307
Experience:  Over 10 years experience in general legal matters
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my employer is trying to use cctv footage against me in an

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my employer is trying to use cctv footage against me in an unlawful disciplinary, they have not followed any procedures gone from a informal chat straight to a disciplinary without notification or anything else between.
can they do this if there is no company paper work at all about cctv or without my consent or no signs up at work?
Hello and welcome to Just Answer, how long have you worked there for?
Customer: replied 4 years ago.


I have been there 3 years


 

Customer: replied 4 years ago.


I brought my car in to the factory to work on in my break(this is my crime), we have no rules to saying you cannot bring the car in and I have signed no paperwork and I have no knowledge of any rule that exist. Also a colleague of 20 years who had a signed statement taken from him of didn't know of any rules. my company is using cctv as evidence, we have no mandate or signs up or any warnings to visible or other wise. we have been told the cctv is there to watch the machines and nothing more CAN THEY USE IT AS EVIDANCE.


 

So did you work on your own car during company time?
Customer: replied 4 years ago.

no it was in my break

Did you ask your employer if it was acceptable to do this? If not why not?
Customer: replied 4 years ago.

I was working night shift and no management on site so I asked a colleague who has 20 years in the company if it would be ok, he seemed to think it was not a problem, so I did


 

Ok thanks have you been dismissed? I'm unclear on the position from your question?
Customer: replied 4 years ago.


no I haven't but I have a disciplinary tomorrow. I was verbally invited for an informal interview last week by my manager who is the one to make the complaint . He has carried out an investigation without my knowledge or inviting me to give a statement. He will also be the one giving the disciplinary tomorrow.


To make it clear: he has carried out every stage himself which I believe is unlawful and biased. The manager has always wanted me out of the company and this isn't the first time he has tried to get me dismissed.

Ok thanks, XXXXX XXXXX Data Protection Act monitoring of employees should not be unreasonable or excessive. You can argue that the fact that you were not aware of CCTV footage means that this is excessive and report your employer to the Information Commissioner.

The fact that the same person is holding the disciplinary as the investigation is not ideal. Whether it would render disciplinary action unfair depends in the size of the establishment.

Hopefully you will not be dismissed. If you are you should appeal against the decision and claim unfair dismissal if the decision is not under turned.

Please give a positive rating. I will be happy to answer your follow on questions.
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