cctv in work

boxermad

i am working in a store and a security gaurd tipped us off that our manager is checking up on our work and spying on us through the cctv system. I am just wondering does anyone know if this is against the law as i thought the only reason for cctv was for security purposes and not big brother

Yawns

Well as long as you're doing what you're being paid to do (work) then there shouldn't really be a prob. He's prob just scanning the vids really quick to see if any thing happened during the day that he wasn't aware of.

What type of work do you do? Retail I am guessing for there to be cctv and security

boxermad

ya in retail, its just we wud have a gathering of people in the stockroom every now and then having an aul chit chat but the security gaurd said she was watching us 1 day, just wondering that if we were brought into the office to get a warning and she shows us footage is this legal?

6th

Of course its legal. CCTV is there to monitor the store, that means customers and staff alike.

Yawns

she wouldn't need footage really. If you're not working then you can be reprimanded. Sounds liek the security guard is just saying this so you will all get back to work and have less of these meetings so that you won't get in trouble.

If most of the staff are in the back room chatting, how are the customers getting served? All it takes is for 1 of them to complain and then the manager will hand out verbal warnings. How big is the store? Is it a pennys or the like?

if it's a big place the manager is most likely skimming the vids to check nothing majprly wrong happened or if any1 shop lifted etc.

Either way if you're not working by chatting out back with guys & gals while being paid to be on shop floor then yes the footage can be used against you if you were all pulled into a meeting.

boxermad

yes its a big store, not all staff would be in the chit chat, usually only 5 or 6 and its not everyday, usually a monday talkin bout da wknd nd a friday talking about the plans for the wknd, the security gaurd is a mate of mine and is saying she is spying on us

6th

boxermad wrote: »

the security gaurd is a mate of mine and is saying she is spying on us

You'd think someone with his job would know better about the use and misuse of a CCTV system.

unit 1

Has the manager got one in his office. Why do some people think it is awful to stand around ( when things are quiet obviously )and have a chat with your workmates. This is normal human nature and often people are actually talking about work and sorting out problems by themselves. Big brother cctv should only be used for security and not staff monitoring, unless of course you get to see the footage of the one in his office.:rolleyes:

Mrs OBumble

The security guard is indeed being your friend, and telling you to get back to work.

IMHO it's good advice.

If you want to meet to chat about the weekend, do it after work or when you're all on a break.

6th

Of course bosses should use cameras to monitor staff as well. Sure the amount of lifting that goes on by staff in shops around the world is huge!I've worked in big and small shops over the years and seen staff pulled up for sleeping, stealing and even large scale destruction of products etc.

boxermad

no there is no cctv moniterr in her office, just in the entrance, cash office and a security room (werethey bring shoplifters)
its not like we stand around for hours just for the max 5mins
i agree that cctv should only be for catching thieves and not for spying on us. if i wanted to be watched i wuda tried to get into big brother haha

boxermad

JustMary wrote: »

If you want to meet to chat about the weekend, do it after work or when you're all on a break.

we arent left on break atthe same times, we must apply to a strict lunch board and also finish at diff times.

Mrs OBumble

boxermad wrote: »

i agree that cctv should only be for catching thieves and not for spying on us. if i wanted to be watched i wuda tried to get into big brother haha

An employee who spends work time chatting to friends instead of working is stealing their bosses time.

You should assume that you are on CCTV whenever you are in a busy public place, no matter whether you are an employee, customer or just walking down the street.

Yawns

But staff steal too sometimes and if cctv wasn't on them how would they be caught with evidence in most cases?

You said yourself you're not standing around talkign about work, you're making plans for the weekend or discussing what happened on the weekend.

We all know the crap about ah sure we're only 5 mins. If left unchecked that '5 mins' turns into 20. You're paid to work, if you can't carry a conversation while working then just work. 5 or 6 people not working is a large amount if you consider that the other people working are doing the job while those few are not. If it's quite there should be no prob if you chat to 1 or 2 people while checking the shelves or w/e

5 or 6 people in the back room having a chat is a no no and if I was the boss I would certainly have a quiet word with the same people. I wouldn't care if they chatted while working as long as they didn't huddle around the water fountain so to speak.

Nothing wrong with a bit of chit chat as you go along.

the_syco

boxermad wrote: »

ya in retail, its just we wud have a gathering of people in the stockroom every now and then having an aul chit chat

If stock is going missing, the manager is probably looking to see who is taking it. CCTV allows them to sack those who steal.

questionmark?

If you have nothing to hide then why would you be worried?

How is it spying? I presume you boss has notices somewhere in the building or a sticker on the window advising that cctv is in place. So you are aware that it exists.

Clauric

It is illegal for a company, including managers of the companies to use cctvs to monitor staff. The cctvs may only be used to monitor entrances and exits of stores, including the entrances between shop floor and staff areas, and cash handling areas, including tills.The sign stating that cctv is in operation in the area/shop is purely to protect the company from illegal activities, and is only applicable ot staff if they are committing an illegal act.

The company can not turn or otherwise change the angle of the cameras to monitor staff, unless they can prove illegal activity of the staff, and it is clearly captured on the cctv.

If staff are monitored on cctv without absolute proof of illegal activities, the staff member(s) in question may bring a complaint to NERA regarding invasion of privacy. Further, if a manager, or other person who does not have permission to monitor the cameras, does in fact use the cameras to monitor staff, or for other activities for which they were not installed, the company could also be in breach of the Data Protection Act.

boxermad

ya but would she have a case in giving us a caution or warning because of footage of us talking?

boxermad

Clauric wrote: »

It is illegal for a company, including managers of the companies to use cctvs to monitor staff. The cctvs may only be used to monitor entrances and exits of stores, including the entrances between shop floor and staff areas, and cash handling areas, including tills.The sign stating that cctv is in operation in the area/shop is purely to protect the company from illegal activities, and is only applicable ot staff if they are committing an illegal act.

The company can not turn or otherwise change the angle of the cameras to monitor staff, unless they can prove illegal activity of the staff, and it is clearly captured on the cctv.

If staff are monitored on cctv without absolute proof of illegal activities, the staff member(s) in question may bring a complaint to NERA regarding invasion of privacy. Further, if a manager, or other person who does not have permission to monitor the cameras, does in fact use the cameras to monitor staff, or for other activities for which they were not installed, the company could also be in breach of the Data Protection Act.

i was told this by a friend also but didnt no weather to believe him or not, if she was to bring us up to the office wat should our actions be?

Clauric

Unless you have committed an illegal act e.g. stealing, fraud, assault, etc that your employer saw while monitoring the entrances or cash handling areas, then you have nothing to worry about, because they can't use the cctv. Remember, to issue you with a disciplinary of any kind, the employer must have proof. The use of evidence gathered illegaly can not be used. I would suggest that if your manager calls you up to her office to give you a disciplinary, you bring a fellow employee, who is not also being called in, to accompany you.

To use the cctvs where there is no illegal act is a breach of the Data Protection Act, clear and simple. If you have a union in your place of work, I would talk to them, and ask them to talk to the employers on your behalf.

Clauric

I would suggest that you read the this page in its entirety. It provides the exact legislation and case studies of cctvs.

trish23

"If the purpose or purposes is not obvious, there is a duty on the data controller to make this clear. A CCTV camera in a premises is often assumed to be used for security purposes. Use for monitoring staff performance or conduct is not an obvious purpose and staff must be informed before any data are recorded for this purpose. Similarly, if the purpose of CCTV is also for health and safety reasons, this should be clearly stated and made known."

I would take from this that once the company has informed it's employees that CCTV is in operation for monitoring of staff that they would be covered by data protection. If these cameras are in a stockroom the company would be covered by the security element involved. In any case CCTV is not really relevent as the security guard ( & I'm sure management also) is aware that staff are congregating. They won't need CCTV to issue disceplenaries. I would consider the guards comments as a kindly warning & get on with it...

Clauric

trish23 wrote: »

"If the purpose or purposes is not obvious, there is a duty on the data controller to make this clear. A CCTV camera in a premises is often assumed to be used for security purposes. Use for monitoring staff performance or conduct is not an obvious purpose and staff must be informed before any data are recorded for this purpose. Similarly, if the purpose of CCTV is also for health and safety reasons, this should be clearly stated and made known."

I would take from this that once the company has informed it's employees that CCTV is in operation for monitoring of staff that they would be covered by data protection. If these cameras are in a stockroom the company would be covered by the security element involved. In any case CCTV is not really relevent as the security guard ( & I'm sure management also) is aware that staff are congregating. They won't need CCTV to issue disceplenaries. I would consider the guards comments as a kindly warning & get on with it...

I would read this as the more appropriate section:

The use of recording mechanisms to obtain data without an individual's knowledge is generally unlawful. Covert surveillance is normally only permitted on a case by case basis where the data are kept for the purposes of preventing, detecting or investigating offences, or apprehending or prosecuting offenders. This provision automatically implies an actual involvement of An Garda Síochána or an intention to involve An Garda Síochána. Covert surveillance must be focused and of short duration. Only specific (and relevant) individuals/locations should be recorded. If no evidence is obtained within a reasonable period, the surveillance should cease.
If the surveillance is intended to prevent crime, overt cameras may be considered to be a more appropriate measure, and less invasive of individual privacy.

In the employees case, a case must be made for watching them, and only in conjunction with crime prevention. Employees gathering, and talking among themselves is not, and can not, be a crime (you have a constitutionally protected right to assemble for peaceful purposes). The scope of the cctv can only be to protect against crime. As such, your employer can not monitor your activities unless it is to prevent crime - and before anybody says that talking while working and not serving a customer is stealing, and therefore a crime, it isn't. If an employee is not carrying out their duties, that is the employers concern, and purely a civil matter

Einstein

Clauric wrote: »

It is illegal for a company, including managers of the companies to use cctvs to monitor staff. The cctvs may only be used to monitor entrances and exits of stores, including the entrances between shop floor and staff areas, and cash handling areas, including tills.The sign stating that cctv is in operation in the area/shop is purely to protect the company from illegal activities, and is only applicable ot staff if they are committing an illegal act.

The company can not turn or otherwise change the angle of the cameras to monitor staff, unless they can prove illegal activity of the staff, and it is clearly captured on the cctv.

If staff are monitored on cctv without absolute proof of illegal activities, the staff member(s) in question may bring a complaint to NERA regarding invasion of privacy. Further, if a manager, or other person who does not have permission to monitor the cameras, does in fact use the cameras to monitor staff, or for other activities for which they were not installed, the company could also be in breach of the Data Protection Act.

This maybe the truth, but :

-if I see a staff member reading a magazine or texting behind the counter via the CCTV in my shop you can be sure that I'll reprimand her for bein a lazy biatch.

-if I'm away for a few hours, I'll spool back through the CCTV to see what was done while I was away or remotely monitor it via home PC/Laptop

-The most common now is that everything that scans through a till can be displayed on my CCTV screen, to monitor my business and ensure that staff aren't undercharging, overcharging or being careless.

So I guarantee you that every shop owner in the country monitors their store via CCTV, and most of the time it's ensuring staff are doing what they're paid to.

So OP, she isn't "spying", she's making sure that you do what your supposed to.

I.S.T.

6th wrote: »

Of course bosses should use cameras to monitor staff as well.

JustMary wrote: »

An employee who spends work time chatting to friends instead of working is stealing their bosses time.

You should assume that you are on CCTV whenever you are in a busy public place, no matter whether you are an employee, customer or just walking down the street.

questionmark? wrote: »

If you have nothing to hide then why would you be worried?
.

Oh for crying out loud, what kind of a big brother nanny state do you people want to live in? How many of you check your email at work, make or take a phone call, send a text, etc, etc. It is impossible to work 7.5 solid hours a day, everyone will have a chat, do something not work related. Do you think every computer in an office should have a camera pointed at the screen to ensure no non-work-related websites are visited? Should the employer have the right to block mobile networks in the workplace to make sure employees don't make a call or send a text? Where will it end? Do you think there should be cameras in pubs watching every table to make sure nobody is getting too intoxicated? After all, as questionmark said, "If you have nothing to hide then why would you be worried?"

I.S.T.

Einstein wrote: »

This maybe the truth, but :

-if I see a staff member reading a magazine or texting behind the counter via the CCTV in my shop you can be sure that I'll reprimand her for bein a lazy biatch.

What if the shop is empty?

Clauric

Einstein wrote: »

-if I see a staff member reading a magazine or texting behind the counter via the CCTV in my shop you can be sure that I'll reprimand her for bein a lazy biatch.

If you use the CCTV for evidence in a reprimand, where the CCTV wasn't originally being used to monitor criminal activity, then they could sue you under the Data Protection Act, as well as contact NERA/Rights Commissioners

Einstein wrote: »

-if I'm away for a few hours, I'll spool back through the CCTV to see what was done while I was away or remotely monitor it via home PC/Laptop

Unless you are looking for illegal activity, this would be a breach of the Data Protection Act.

Einstein wrote: »

-The most common now is that everything that scans through a till can be displayed on my CCTV screen, to monitor my business and ensure that staff aren't undercharging, overcharging or being careless.

This is legal, as you are ensuring that illegal activities are not taking place (e.g. fraud)

Einstein wrote: »

So I guarantee you that every shop owner in the country monitors their store via CCTV, and most of the time it's ensuring staff are doing what they're paid to.

Would be illegal, and a breach of the Data Protection Act.

Einstein wrote: »

So OP, she isn't "spying", she's making sure that you do what your supposed to.

So OP, she is not "spying", but she is probably in breach of the Data Protection Act.

unit 1

boxermad wrote: »

ya but would she have a case in giving us a caution or warning because of footage of us talking?

Just tell her ye were discussing work related issues, eg how to increase your efficiency, reduce costs , increase customer satisfaction etc, and then ask for a raise for showing initiative.:D
On a serious not however just how does your boss know precisely what you are talking about and is sound recorded as well:eek:, a definite no no I would have thought.

Einstein

IrishSpeedTraps wrote: »

What if the shop is empty?

Find something to do. Stack shelves, clean shelves sweep floor, empty bins, sweep outside...Theres always work to be done.

Clauric wrote: »

If you use the CCTV for evidence in a reprimand, where the CCTV wasn't originally being used to monitor criminal activity, then they could sue you under the Data Protection Act, as well as contact NERA/Rights Commissioners

Or I could walk out to the shop floor, "notice" that she's reading a magazine, and tell him/her to do something productive

Unless you are looking for illegal activity, this would be a breach of the Data Protection Act.

I was, but just so happen to notice the case of Lucozade I left out on purpose to see if it would be stacked, is still there. Therefore, I realise staff aren't doing their job properly.

This is legal, as you are ensuring that illegal activities are not taking place (e.g. fraud)

Exactly. Staff stealing. Its the number 1 issue that retailers have. Theres a lot more stealing done by staff than by Joe Public. Hence the cameras.

So OP, she is not "spying", but she is probably in breach of the Data Protection Act.

Employees have more rights than the employer these days, it's retarded. To say that I can't monitor staff to ensure that they do their job dilligently, is retarded.
If i have a staff member who is completley useless and a waste of my money, I should be allowed fire them. Simple as. None of this multiple written and verbal warning shíte.

unit 1

Of course poorly paid staff would never need protection from unscrupulous employers, or is there a balance. Just how they survived in the old days without all the modern day trimmings I'll never know, or were poorly paid employees more honest in byegone days.

I.S.T.

Einstein, I presume it is ok with you if Revenue install cameras in your place of business to ensure you are paying your correct taxes, properly accounting for ever sale you make and ensuring all expenses you claim for are relevant?

Einstein

IrishSpeedTraps wrote: »

Einstein, I presume it is ok with you if Revenue install cameras in your place of business to ensure you are paying your correct taxes, properly accounting for ever sale you make and ensuring all expenses you claim for are relevant?

Sorry, but thats a terrible comparison 'traps.
Just like any business, I send back returns, and am succeptible to a full audit at any stage.
If returns aren't sent, it doesn't take long before I'll be notified.
By me not filing returns etc, it won't have a knock on effect with anyones "business" as they will receive their tax, and if it's late, they receive interest.

You read a magazine once behind a counter, but stop because you see me coming, fine...do it again..your a muppet and wasting my time.

I.S.T.

Einstein wrote: »

Sorry, but thats a terrible comparison 'traps.
Just like any business, I send back returns, and am succeptible to a full audit at any stage.
If returns aren't sent, it doesn't take long before I'll be notified.
By me not filing returns etc, it won't have a knock on effect with anyones "business" as they will receive their tax, and if it's late, they receive interest.

It's a relevant comparison. You use a hidden camera to make sure your staff don't "steal" from you by reading magazines or sending texts on your time. What is the difference in Revenue using a camera to monitor you and make sure you don't "steal" from them?

Einstein

IrishSpeedTraps wrote: »

It's a relevant comparison. You use a hidden camera to make sure your staff don't "steal" from you by reading magazines or sending texts on your time. What is the difference in Revenue using a camera to monitor you and make sure you don't "steal" from them?

I don't use hidden cameras
How do I "steal" from revenue? I submit accounts, file returns and do(did) everything I'm legally obliged to...

Yawns

That comparison is just so stupid tbh.

The security guard gave some advice that the manager knows the staff regulary gather in back roo mand have a chin wag. He also said she uses cctv to watch the staff. Seeing as they work in retail the manager is prob just scanning really quickly to spot any1 stealing etc.

If however it comes to his attention that certain employees are gathering every mon & friday, same 5 or 6 people he won't need cctv. All he has to do is walk in to stock room, catch them all there and hey presto, verbal warning each for standing around chatting doing nothing.

I'm not saying we should have a nanny state or anything like it but when 6 people stand about doing nothing the others have to take up the slack. It's not fair for them. Clearly they have work to do because if I was the boss and I knew that it was so quiet every Monday and Friday that a large number of my staff could hide out back and chat, well I would roster 6 people less each Monday & Friday as clearly there is no need for those bodies there at those times.

The main point I am trying to make to OP is that they have been careless. At this stage if a security guard who generally watches the front of shop knows you all skive off then you can be sure the manager will know. Noone is asking you to work without chatting, just do it as you work? There is no need for 6 people to stand around chatting while getting paid to work. 2 people stack shelves and chat, sort clothes, talk to other person on tills. Save the group meetings for break time or outside.

unit 1

IrishSpeedTraps wrote: »

Einstein, I presume it is ok with you if Revenue install cameras in your place of business to ensure you are paying your correct taxes, properly accounting for ever sale you make and ensuring all expenses you claim for are relevant?

Or to make sure you do not break the data protection act by monitoring your staff, which you should not be doing. Thinking you can spy on your staff because someone "might" steal is surely unethical, whatever happened to presumption of innocence. If you think every member of your staff is a potential thief it says a lot about how you recruit your staff.

Einstein

unit 1 wrote: »

Or to make sure you do not break the data protection act by monitoring your staff, which you should not be doing. Thinking you can spy on your staff because someone "might" steal is surely unethical, whatever happened to presumption of innocence. If you think every member of your staff is a potential thief it says a lot about how you recruit your staff.

Any retailer that thinks his staff isn't stealing from them, is being stolen from twice as much, compared to the one who's vigilant.

It's not spying as there are no hidden cameras..
It's not Paranoia..
It's nothing to do with how I hire staff..

It's the joys of retail.

Retail is seen by most people as a handy number while in school or college.
Most part timers, have no respect for it whatsoever and a "Mars bar or a bottle of coke" every now and then, is no big deal..

There are of course great workers too. But unfortunately they're few and far between.

Mrs OBumble

trish23 wrote: »

"... Use for monitoring staff performance or conduct is not an obvious purpose ....".

You reckon?

I'd say that any staff member who is so "intellectually challenged" that they don't realise that CCTV will be used for monitoring them (legal or illegal as it may be) is probably too "challenged" for doing most jobs in the modern workplace.

And as I said before, you should assume you're on CCTV pretty much any time you're in a public place. I bet the woman in the "kitty litter" vid is wishing she'd made that assumption right now!

Mrs OBumble

Clauric wrote: »

... you have a constitutionally protected right to assemble for peaceful purposes)....

during working hours????

Ahh sure'n I feel like have a peaceful assembly, does that mean I can amble off down to the pub for an hour doing the day for a constitution, legally protected of course????

Mrs OBumble

IrishSpeedTraps wrote: »

... How many of you check your email at work, make or take a phone call, send a text, etc, etc. It is impossible to work 7.5 solid hours a day, everyone will have a chat, do something not work related. Do you think every computer in an office should have a camera pointed at the screen to ensure no non-work-related websites are visited? Should the employer have the right to block mobile networks in the workplace to make sure employees don't make a call or send a text? Where will it end? Do you think there should be cameras in pubs watching every table to make sure nobody is getting too intoxicated? After all, as questionmark said, "If you have nothing to hide then why would you be worried?"

What universe are you living in?

I've been doing a gig in an Irish govt department. They are controls in the network to make sure that I cannot check my email (or boards or facebook or a zillion other sites) during work time, or even using work computers outside of work time. There are logs that show exactly what sites I have visited, and what client records I have looked at. They don't block mobiles (the technology isn't actually that successful, look at the prisons), but do have policies about only making limited personal calls: I'm sure I'd be reprimanded if I was obvious making lots of them every day.

And as for the comment about pubs: there is CCTV is I'd say virtually every pub in the country, firstly for the protection of the staff. It's very common for the owner/manager/licencee to sit in the office and monitor what's going on - this includes checking that staff aren't serving customers who meet the local definition of "you've enough taken".

the_syco

Clauric wrote: »

If staff are monitored on cctv without absolute proof of illegal activities, the staff member(s) in question may bring a complaint to NERA regarding invasion of privacy. Further, if a manager, or other person who does not have permission to monitor the cameras, does in fact use the cameras to monitor staff, or for other activities for which they were not installed, the company could also be in breach of the Data Protection Act.

Correct. Thus they cannot have CCTV in, say, a staff room. But if stock is going missing, I cannot see why they could not have CCTV in the storeroom.

Also, if the manager sees a pattern, the next time he sees you in the one place having a chat, he could pop down and reprimand all of you for slacking off.

mickmcl09

Clauric wrote: »

It is illegal for a company, including managers of the companies to use cctvs to monitor staff. The cctvs may only be used to monitor entrances and exits of stores, including the entrances between shop floor and staff areas, and cash handling areas, including tills.The sign stating that cctv is in operation in the area/shop is purely to protect the company from illegal activities, and is only applicable ot staff if they are committing an illegal act.

The company can not turn or otherwise change the angle of the cameras to monitor staff, unless they can prove illegal activity of the staff, and it is clearly captured on the cctv.

If staff are monitored on cctv without absolute proof of illegal activities, the staff member(s) in question may bring a complaint to NERA regarding invasion of privacy. Further, if a manager, or other person who does not have permission to monitor the cameras, does in fact use the cameras to monitor staff, or for other activities for which they were not installed, the company could also be in breach of the Data Protection Act.

I've been subject to a disciplinary, where CCTV was used to specify the exact times I arrived at and left specific locations. The outcome was not in my favour and my disciplinary manager proceeded directly to 2nd written warning.

My job was very demanding in that my average working week over the last 34 weeks was approx.53 hours. Rest periods are regularly broken at least once per week, working until 10pm or even as late as 2am and arriving back in the same store at 7am the same morning.

The week in question I worked approx 37 hours. At no point was a criminal activity of any sort being investigated or suspected

I worked for my employer for 22 months and for the first 17 had no blemish on my work, after 15 months my line manager moved on and inside 5 months I ended up attending 2 disciplinaries brought by the new line manager and my contract of employment has been terminated.

I received my final warning for a function that I failed to carry out on a day in which I was rostered off, but I came into work because my Store Manager & Deputy Store manager were out due to paternity leave and out sick respectively. I came into work at 6.55am to carry out orders and ensure cashiers had their tills and enough cash to keep them going. I left the store at 10.26am(I had to leave due to personal circumstances irrelevant of what was going on in store). I rang 3 neighbouring branches for spare staff - none available.

My mistake - not ringing my line manager (to give him the oportunity to try to get somebody) and leaving the store for 1 hour and 24 minutes without a supervisor who would have been trained to supervisor. Next supervisor was due in at 12.00 but arrived at work at 11.50am. When I left the store I handed the keys to a Sales Assistant.

My employers issue was all of the incidents that could have occurred and that a sales assistant was not trained to deal with any of them.
No incidents occurred in the time frame, no refunds, no personnel in the managers office, safe was not accessed.

And all that some people have to worry about is having a chat. All management can do if they do happen to see staff congregating via CCTV is to 'accidentally on purpose' walk through the area where the staff are congregating and tell them to get back to work in a professional manner. It would be a case of your line manager walking through the wrong place at the wrong time (as far as the EE would be concerned) and no action can be taken using CCTV in that case.

In my case, I wondering if anybody has experience in this field because I feel badly treated, considering I came in on my day off to keep the ship afloat, not to mention that my work/life balance was seriously imbalanced.

Regarding the CCTV being used in a disciplinary against me (I don't think it was). Was it legal? If not, what is my next step?

Besides Clauric is there anybody else who can provide me with solid, factual information that would help my cause?

Clauric

mickmcl09 wrote: »

I've been subject to a disciplinary, where CCTV was used to specify the exact times I arrived at and left specific locations. The outcome was not in my favour and my disciplinary manager proceeded directly to 2nd written warning.

This would seem to wrong. You can go from verbal warning to final written warning, no warning to 1st written warning/final written warning, or to immediate dismissal (for gross misconduct), but by definition, you can not got from no warning to 2nd written warning. I would ask your company for a copy of their disciplinary procedure, and ascertain if the manager can do this. If the manager can not, I would ask for a disciplinary procedure to be taken against him (boot on other foot!). Could prove interesting.

mickmcl09 wrote: »

My job was very demanding in that my average working week over the last 34 weeks was approx.53 hours. Rest periods are regularly broken at least once per week, working until 10pm or even as late as 2am and arriving back in the same store at 7am the same morning.

If you worked more than 49 hours per week, over the last 1, 2, 3 or 6 months, depending on the industry (if retail, 3 months, but you don't specify), then the company is in breach of the law. I would consult with NERA on this, but also inform your HR department, advising them of the situation. You can not be disciplined or fired because you report this.

The week in question I worked approx 37 hours. At no point was a criminal activity of any sort being investigated or suspected

I worked for my employer for 22 months and for the first 17 had no blemish on my work, after 15 months my line manager moved on and inside 5 months I ended up attending 2 disciplinaries brought by the new line manager and my contract of employment has been terminated.

mickmcl09 wrote: »

I received my final warning for a function that I failed to carry out on a day in which I was rostered off, but I came into work because my Store Manager & Deputy Store manager were out due to paternity leave and out sick respectively. I came into work at 6.55am to carry out orders and ensure cashiers had their tills and enough cash to keep them going. I left the store at 10.26am(I had to leave due to personal circumstances irrelevant of what was going on in store). I rang 3 neighbouring branches for spare staff - none available.

My mistake - not ringing my line manager (to give him the oportunity to try to get somebody) and leaving the store for 1 hour and 24 minutes without a supervisor who would have been trained to supervisor. Next supervisor was due in at 12.00 but arrived at work at 11.50am. When I left the store I handed the keys to a Sales Assistant.

My employers issue was all of the incidents that could have occurred and that a sales assistant was not trained to deal with any of them.
No incidents occurred in the time frame, no refunds, no personnel in the managers office, safe was not accessed.

It was very generous of you to come in on your day off, and show dedication to your employer. However, when you came in, you were subjects to your employer's rules regarding working procedure. I understand that personal matters must be taken care of as well, but in this situation, they were probably within their rights to issue a disciplinary. However, that disciplinary must be in line with the company's policy.

mickmcl09 wrote: »

Regarding the CCTV being used in a disciplinary against me (I don't think it was). Was it legal? If not, what is my next step?

There was a case taken by workers in Waterford Crystal regarding CCTV and disciplinaries. Was a High Court matter, but can't remember exactly when. The use of CCTV in that case was thrown out, and there have been no other cases that I am aware of since.

mickmcl09 wrote: »

Besides Clauric is there anybody else who can provide me with solid, factual information that would help my cause?

Not sure what to make of this???:mad:

mickmcl09

Thanks Clauric, sorry if the last comment on my post offended you, if was meant as an appreciative comment regarding your knowledge. Thanks again.

I see where your coming from in terms of me coming in on my day off and being subject to company procedure, regulations, rules and so on.

But is there a case for breach of the Organisation of Time Act as a result.

Clauric

Very clear case. I would bypass your manager/supervisor, and go directly to HR, and copy NERA

mickmcl09

Clauric wrote: »

Very clear case. I would bypass your manager/supervisor, and go directly to HR, and copy NERA

Thanks, much appreciated!

Corruptedmorals

What do you expect working in a large store? Where I work there's cameras all over the shopfloor, hidden ones above the tills, one in the staff lift, 2/3 in the stockroom, one on the staff exit, one on the clocking machine, one on the entrance to the fitting room...this is how large stores work. They need to keep an eye on customers and also check that staff are not having massive chats in the stockroom/shoplifting/stealing from the tills/clocking in whatever way is against their handbook etc. Obviously everyone talks to whoever they work with, but groups doing nothing for more than a few minutes IS not working and they've every right to see it that way.

Sabrielle

Part of my job involves walking down a public road taking samples. Lately i noticed the boss parks out the back with his car in view of the road (theres a field between his car and the road but you can see the road from a distance from there). I suspect there is a camera on his car for the road to watch me. Is this legal. The workplace does have cctv for the entrances etc which are obvs ok but is what hes doing legal with the cam on the car?

MetzgerMeister

In my last job in a family-run business, the owners installed cameras in each and every office where a family member wasn't working. The owner (the father and an absolutely lecherous aul fart) was often caught red-handed viewing a camera in an office that had 2 women in it. He had zoomed in on one of the girl's upper bodies.

They freely admitted that the cameras were there to monitor staff and see what they were doing throughout the day as in big brother. There was never any issue about staff conducting illegal activity.

griffin100

Sabrielle wrote: »

Part of my job involves walking down a public road taking samples. Lately i noticed the boss parks out the back with his car in view of the road (theres a field between his car and the road but you can see the road from a distance from there). I suspect there is a camera on his car for the road to watch me. Is this legal. The workplace does have cctv for the entrances etc which are obvs ok but is what hes doing legal with the cam on the car?

There is no expectation / right of privacy when in a public area such as a public road. However if the boss is filming you at work for work reasons then that's the collection of personal data and is now covered by GDPR so you will have to be told that you're being filmed, why, how long will the footage be kept for, who has access to it, etc. That is unless they can show a legal reason for the filming or you have given consent via your contract.

https://www.dataprotection.ie/docs/Data-Protection-CCTV/m/242.htm