Is it legal for my boss to hire someone to follow me?

LegacyUser

Long time Boards user, going unreg for this one.

I work for a arge and extremely well known media company. My job is to go out on the road all around Dublin every day and promote our company as part of a team of three or four people.

Our boss called us into his office recently and presented us with a file of data from the last few months about every last detail that we have done wrong, down to the very minute that we did it at. We travel around a lot and move from place to place across Dublin, so for him to know what we were doing at the exact minute means he has evidentally had someone following us on several separate days. We had absolutely no idea whatsoever that our every move was being recorded and that he's been collecting this data since September. He's now threatening our jobs.

What I am asking is, is that legal? I know when a company installs security cameras in a work place, they are required by law to tell their staff that they are now under surveillance. Is there anything similar in my situation? Or can he turn around and tell us that he just had a mate drive around after us all day and that's allowed - 'freedom of movement or something', I suppose?

Any info is greatly appreciated!

Mrs OBumble

I think you need a good lawyer, ASAP.

Being as how they're a large media company, I smell an out-of-court settlement ....

goldenhoarde

if its company vehicles he could have installed trackers on that so the he can get a fix on you at all times. A family member has this on his work vehicle and gets the odd call from his boss saying slow down you're going too fast!!!

Also i guess you all have a schedule for each day so he may not need to follow you just have them show up where you are supposed to be and observe you. Depends on what you are doing as to how easy it is for him to know right/wrong!

Check your contract of employment as it may have something in it that allows for this and ask for a copy of the data

Start your own records so that you can challenge him in future

BTW not agreeing with the way he has done this at all!

LegacyUser

OP here,

Thanks for the replies!

I don't think it was a tracker, as he had exact details... "9.45am, female gets out of vehicle, 9.47, female walks to traffic lights..." etc. Someone was definitely watching us. We do have a daily schedule, so yes I guess he could have just asked a mate to show up where we were and see what we were doing... that's why I was unsure as to whether or not all this data he has on us was technically allowed, I suppose it is then... someone just writing down what we're up to and telling him technically isn't illegal?

His main points are things like catching us being ten minutes late here and there, and knocking off ten minutes early... which is a totally fair point on his part, we shouldn't be doing it. But the way he went about this I think was wrong, it felt like an ambush. And my whole team was brought in together - I feel we should have each been dealt with separately.

He's also claiming that we look bored and uninterested while doing various promotions - this is completely untrue. I simply am not that unprofessional, and never would have gotten as far as I have if I were. But he's making a huge deal out of it.... does he genuinely have grounds to threaten my job on claims like that without substantial proof - like photographic evidence of me looking bored?

Sorry if any of this is a bit rambly - I'm doing my best not to give away the company or my job, and its a tricky situation - none of my friends have any advice as they have never been ambushed in work like this!

Milk & Honey

What your boss has done is procedurally unfair. He may be entitled to check on you but he is obliged to put it to you as soon as possible and ask for an explanation. there may well be innocent explanations for what has happened. Also saying you look disinterested is relying on hearsay. This would not be accepted as fair by the EAT. The best thing to do is get a solicitor to write a strongly worded letter.

Rangi

Agree with other posters,but you have to remember if you're in a public place,it's not illegal to film/watch/record/whatever.

Irish_Elect_Eng

I am not so sure that the employer has done anything wrong here.

If we were to translate this to a factory setting would anyone be complaining if a manager tackled an employee over poor performance and had a detailed list of complaints. In fact this manager seems to be basing he comments on facts rather than opinion which is good practice.

This is not much different than "mystery shoppers" is it?

In the OPs mail I don't see anything that says that the boss was wrong in what he was saying and that the OP was not performing up to scratch. How else was the boss to find out how the OP was performing if not to send someone to check occasionally? I am sure that he was too busy to do so himself.

OP have you considered that the most likely case is that it is actually one of your team that is providing the Boss with all his data? That would be more likely than hiring an external person to do so.

LegacyUser

I fully admit to any wrong doings I or my team have done - and did so in the meeting. Everyone is late for work once in a while, everyone knocks off ten minutes early if all their work for the day is done a little earlier than usual.

But surely I deserve some sort of a warning or something?

"listen, I know you've been slacking off a bit, just cop on a pull your socks up, please..."

That's all it would take. I was just wondering if it was actually legal to have someone followed, and if it was actually legal for him to fire us with such minor evidence, and nothing but hearsay that we "look bored"... we haven't committed any major crimes, we just need a slap on the wrist. I've been told he can't fire us without a warning first, so I simply wanted to confirm that as I'm extremely stressed about it all.

Irish_Elect_Eng.... hmm, I actually hadn't considered that one. I doubt it is though, as we all got in trouble equally. I hope not, anyhow!

Eoin

BeingSpiedOn wrote: »

I've been told he can't fire us without a warning first, so I simply wanted to confirm that as I'm extremely stressed about it all.

That's not true, however to be fired without any warnings generally means gross misconduct.

Employers do not have to adhere to any particular set of disciplinary procedures (unless agreed at a local level with unions etc). However, whatever policies they do have must follow the principles of natural justice. So they must be fair, progressive and you're entitled to appeal any procedures as well as having a mutually agreeable witness. You're also entitled to an impartially run investigation.

And my whole team was brought in together - I feel we should have each been dealt with separately.

Unless he named names and specific faults, then I would see nothing wrong with it being done as a group.

"listen, I know you've been slacking off a bit, just cop on a pull your socks up, please..."

Hopefully this is the warning, albeit a pretty strong one.

Afraid I can't help on the privacy issue.