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Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Good morning. My company may have arranged for a third party

Customer Question

Good morning. My company may have arranged for a third party to video and voice record a meeting I had with 3 fellow work colleagues convened in a public place in a hotel bar.

The conversation was incriminating in as much that we were discussing a new joint business venture and an exit strategy form our current employer. Not I oor my collecgues gave consent as we didn't know it was happening

My question is in these circumstances:
1/ is videoing and or voice recording permissible
2/ Can this be used against me in support of any disciplinary by my employer
3/ Have I breached any laws
4/ Have they breached any by taking these actions
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.

taratill : Hello my name is Jenny and I am happy yo
taratill : To help you today, how long have you worked for the employer?
JACUSTOMER-jvf5ntz7- :

6 years

Expert:  Jenny replied 3 years ago.
Hi do you know that this has definitely happened ? Have you been invited to a disciplinary meeting?
Customer: replied 3 years ago.

No not 100% sure but circumstances suggest that this may be the case. No ive not been requested to attend yet but one of my colleagues has and they have named all of us as being involved.

Expert:  Jenny replied 3 years ago.
Ok thanks, well there are 2 issues here, the first is a concerning whether your employer can take action against you as a result of this and the second is whether it is approprate for your employer to take monitor your activities in this way.

As regards to the first issue, as an employee you have a duty of fidelity to your employer which is an implied duty incorporated in every contract of employment. If you were contemplating doing acts which could potentially damage your current employer's business then your employer is entitled to treat this as a breach of contract. When faced with an allegation of this nature, it certainly would be appropriate for an employer to investigate and, if they found that action was being taken by an employee, such as copying client lists or other information sensitive to the employer then it may be approrpiate for an employee to be dismissed for this.

As regards to the monitoring itself, this will depend on how the employer has got this informaiton. It could be that someone has told the employer, if this is the case then the employer is entitled to use this informaiton and investigate the allegation. If it is more covert in nature then the Data Protection principles will apply. The principles are that covert monitoring is only acceptable in certain circumstance and that employers should, in practice, carry out a sort of risk assessment to determine if the monitoring is proportionate in relation to the risk to the employer.

On the basis of what you have said it might be that the employer can justify the monitoring if it ihad good reason to be suspicious in the first place.

I think that this has answered all of the points you raised in your 4 questions but please do let me know if there is any other information you require.

If you are satisfied with my answer I would be grateful if you would take the time to give my answer a positive rating. Thank you and all the best.
Expert:  Jenny replied 3 years ago.
Hello is there anything else you would like to know about this?

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