Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. Do they mean they want to monitor in the future whether yo leave the country or see where you have been so far?
I think they want to know if I went abroad when I was off sick in december after I told them I had cancelled a holiday because they wouldn't allow me time off, even tho I'd already paid for a holiday earlier in the year. But they sat on whether to allow the holiday until a decision had been made on late night opening where I work, even tho I booked the holiday time under the currenr
The rule stated that we couldn't book holiday after the15th december, but I had put in for the time off in june
There is indeed a potential breach of data protection here. Whilst the employer is able to get copies of the passport with your consent or if there is a regulatory requirement to do so, they must only copy the information they need for the specific purpose for which they are gathering it. So for example, if the SIA rules state that the employer only requires to see your passport in terms of the information page with your photo/name and you have given them consent to copy your passport for that specific purpose, then if they go on to make copies of other pages irrelevant to that purpose, it could be a data protection breach.
Human rights legislation is quite a bit more complex than that and could be difficult to apply to such situations o I would not suggest you get too concerned with it and stick with the data protection breach for the time being.
You may approach the employer and highlight this issue with them, requesting that the information they have gathered is removed from their records and destroyed and that they only keep the part of the passport which they need and which you gave them consent for.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?