UK Employment Law

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A staff member of mine took photos of another member without…

Customer Question
A staff member of...

A staff member of mine took photos of another member without anyone permission can I ask him to delete them. Is it illegal

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes documented it, only have 2 employees so no HR in house but asked an external person

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

He's actually not an employee but a sub contractor

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It was outside normal office hours

Submitted: 10 months ago.Category: UK Employment Law
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Answered in 7 hours by:
10/1/2017
Solicitor: Ben Jones, UK Lawyer replied 10 months ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,183
Experience: Qualified Employment Solicitor
Verified

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Why did they take the photos, what would they use them for?

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Customer reply replied 10 months ago
I assume to blackmail the person as they were in a compromising situation.
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

What were the circumstances in which the photos were taken? Also how long has the person who took the photos been employed there for?

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Customer reply replied 10 months ago
was compromising, person is self employed for 14 months, he took the pictures by hiding and did not say anything till there was a blackmail-able sit
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Generally it is not unlawful to take photos of other people but if they are to be used for unlawful purposes, such as properly blackmailing them to obtain some benefit in return, that could make them illegal.

You have to remember though that blackmail from a criminal point of view is not the same as reporting this to the employer to get someone into trouble - there has to be some malicious purpose behind it and a view of profiting from it in some way.

As the employer there is nothing stopping you from asking for the photos to be deleted. As the person is self employed and has no protection against unfair dismissal anyway, I suggest you threaten them with termination if they do not do so. It is entirely legal to dismiss them for this, as long as you give them the required notice. So this could be quite a strong negotiating tool you can use to ensure this matte is resolved in the way you want it to.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

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Customer reply replied 10 months ago
Sorry not happy with your response you have not referred the data protection act which probably applies. Please can we leave it here.
Solicitor: Ben Jones, UK Lawyer replied 10 months ago
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