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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47354
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, I work as cabin crew for a uk airline and I am facing

Resolved Question:

Hello,
I work as cabin crew for a uk airline and I am facing problems at the moment.
A colleague of mine who was travelling as a passenger on a flight I was working on video-recorded me doing something I was not meant to be doing (specifically eating passengers food and using my mobile phone). He then reported me to the company sending them the video evidence; I have now been suspended with potential dismissal.
What I am wondering is if this person is allowed to violate my privacy and film me without my permission and also if the company are allowed to use the video as an evidence against me. I tried to look at our people handbook but could not find anything regarding employee's privacy policy.
What should I do?
Thanks for your help
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: Hi Ben, I have been working there for almost three years
Ben Jones :

Hi, it is not generally illegal to take videos of another person, unless they were taken on their private property, such as their house. For example, it is possible to walk on the street and take videos of anyone you wanted to and you would not be breaking the law if you did so, unless you had asked the person not to do so and they continued, in which case it could eventually amount to harassment. However, that was not the case here as it appears you did not know the video was being taken. But the actual act of making the recording is not unlawful.

The airline could have its own rules on carriage, which are the general rules that passengers agree to when they make a booking, and which could prohibit the taking of videos and/or photos on board. However, these are the company’s own rules and they can vary them or ignore them if they wanted to. So even if there was a rule which prohibited this person from making videos on board, the airline could decide to ignore these rules as they are the ones making them and I they wanted to they could choose when to apply them and when not to.

Also there is nothing in the handbook which deals directly with such a situation so again it means that there is nothing specific you can rely on to argue that the recording should not have been made in the first place.

So it is possible to use the recording in the potential disciplinary procedure which you may be facing. You should therefore concentrate on defending the allegations in general, rather than challenging the use of the recordings. As you have more than 2 years’ service, you will be protected against unfair dismissal, which means the employer not only has to show that there was a potentially fair reason for dismissal but also follow a fair procedure and show that the final decision was a reasonable one. You are legally entitled to appeal any decision made against you.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Yeah ben that helped me a lot. Thanks for your time
Ben Jones :

you are welcome, all the best

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