UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

Is it illegal to take a photograph of a person in the workplace…

Is it illegal to take...
Is it illegal to take a photograph of a person in the workplace (steel industry) without their permission, where the person can be easily identified? The person was carrying out a task and alleged to be in breach of Health & Safety, but after further investigation, the photograph was found to be misleading
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 12 minutes by:
10/2/2010
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,183
Experience: Qualified Employment Solicitor
Verified

Hi

 

Who took the photograph and what for?

Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago

Hi

 

A 'behavioural' coach who works for the company. He has used similar photographs in the past for training/awareness purposes, however, the previous photographs used did not show faces of people.

Did the people who were photographed know they were being photographed?
Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago

Hi Ben

 

No, they didn't know and they still don't know that a photograph was taken

 

Carl

And finally - how exactly was the photographed used as you mentioned investigations, etc?
Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago
The photograph was attached to an e-mail and circulated to 12 people There was no disclaimer on the e-mail, therefore it may have been forwarded to additional people. It accompanied an incident investigation form, however, the incident was proved to be significantly less of a risk than what the photographed portrayed. The majority of people included on the mailing list were not directly involved in the incident, neither were they part of the investigation team.

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.

 

Please press the ACCEPT button. You would still be able to ask any follow-up questions if necessary. Many thanks

 

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,183
Experience: Qualified Employment Solicitor
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,183
51,183 Satisfied Customers
Experience: Qualified Employment Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

51,183 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

1,922 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

24 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
I am enquiring wrt my friend. he is currently going through
I am enquiring wrt my friend. he is currently going through a disciplinary process for over 8 months! the employer took a long time initially and in the meanwhile due to the enormous stress (he separated from his family, his immediate famlyissues etc) he went in to clinical depression. He is on medication and currently going through counselling etc. The case is still going but his mental health is now deteriorated and his therapist is suggesting to get an end to this. The question we have is Can he resign with immediate affect? If yes, what are the consequences in terms of the investigations and disciplinary process - which is 2/3 complete i.e. investigation not concluded but near conclusion bar another round of questions … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
hi,Can you please interpret what the following sections
hi, Can you please interpret what the following sections of the law mean: Notwithstanding, I contend my employer has also acted in contravention of the HSAWA 1974 with express particular s.1(1)(a) and… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
Hello Following an audit by a Health & Safety office, my company
Hello Following an audit by a Health & Safety office, my company failed badly in respect of a number of proceedures and documentation and audits that are not being carried out and generally a poor sho… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
Can my employer use CCTV to monitor my performance at work.
Can my employer use CCTV to monitor my performance at work. I have been given a formal written warning when working in a petrol station. I was talking with a colleague monitoring the check out on my b… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
i am on sickness leave with work related stress, and my employer
i am on sickness leave with work related stress, and my employer (who is the cause of the stress) has requested a meeting to try and resolve any issues i may have but i feel that i cannot face going b… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
Ive been accused to attempting to steel a HD TV from a clients
I've been accused to attempting to steel a HD TV from a client's building by smuggling it out in the refuse. I work as a systems integration engineer & have been on site @ the clients new facility for… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
I submitted a grievance against my line manager last June for
I submitted a grievance against my line manager last June for bullying and harassment. This had been going on for over a year and I had complained before but was told that 'I was just trying to incite… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
Hi. I have a sitting job. I work as Artworker for small family
Hi. I have a sitting job. I work as Artworker for small family company. At work I have old chair, old desk and old screen monitor. I wonder if my boss has to buy from time to time new stuff. I think a… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
I have been sent home on garden leave pending an investigation
I have been sent home on garden leave pending an investigation to ascertain if I have been taking confidential information from my employer to help my girlfriend set up a competitor to them, I have no… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
i have been suspended on full pay pending an investigation
i have been suspended on full pay pending an investigation for inappropriate behaviour. Thats all i have been told. I am 19 weeks pregnant and have been under the Occupational Health from day 1 due to… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
Employer Law. Can someone answer a query I have re discipliney
Employer Law. Can someone answer a query I have re discipliney procedure that i have been asked to attend that I believe could have dealt with in an informal manner. I can provide further details.… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
Hi, I have a query on behalf of my 52 year old mother who
Hi, I have a query on behalf of my 52 year old mother who works in a private care home in England. Recenetly an employee came in with a bad case of flu and chose not to call in sick because the employ… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
My Husband was suspended from work last night(works nights
My Husband was suspended from work last night(works nights at Dixon Store Group). Reason for his suspension has been outlined as he has breached Health & Safety at work. He was not at the Health and S… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
I work as a receptionist at a secure unit. The company has
I work as a receptionist at a secure unit. The company has started doing renovations to the reception area which includes breaking holes in walls to add doors, breaking out windows, building stud wall… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
Hi My wife works in a Franchised Post office. The new owners
Hi My wife works in a Franchised Post office. The new owners of the franchise have converted part of the floorspace to a mini-mart (with relevant permissions) in addition they have installed approxima… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
my employer has recently installed a new fob and swipe system
my employer has recently installed a new fob and swipe system for clocking in and off, this device also takes photos of the staff as they sign in and out, is this an invasion of privacy as staff have … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
over the past few months my workload has got heavier and I
over the past few months my workload has got heavier and I find my self having to work crazy hours ie: last week I had to work 60 hours just to clear it. My employers don't care about cutting it down.… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,183 satisfied customers
4 weeks ago was admitted to hospital with cheast pains, the
4 weeks ago was admitted to hospital with cheast pains, the diagnoses is still not certain I had a heart attack but was mentioned that the pains were possibly due to work related stress. Having mentio… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x