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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44879
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a team leader where i work and over the last

Customer Question

Hello
I am a team leader where i work and over the last few days i have been involved with an issue where a contractor has had his contract terminated due to a altercation between him and another employee.
This Contractor has now made threats that he has a video recording of me that he has had for sometime that i was not aware of me supposedly breaking my company safety rules.
He has said not to me but to a colleague that he is going to post the video onto you tube and also Email to my employer which he says could lead to my dismissal.
My question is he allowed to do this.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello what exactly did you do in the video?
Customer: replied 1 year ago.
I am not sure really i do not no when i was filmed apparently i was not wearing the correct personal protective equipment i should of been for the task i was undertaking.
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. Legally there is nothing unlawful really in that person posting the video online or sharing it with your employer. I have seen many examples when an employee has made a covert recording at work, be it audio or video, and used it to make a complaint about someone. There is generally no expectation of privacy if you are in a public environment so you cannot argue that your privacy has been breached. Had you been recorded in a location where privacy was expected such as the toilets or changing rooms then that would be different but if it was just at work in normal public locations then anyone can record anything they want.
There is also no real data protection breach here because this person was not a formal data controller tasked with obtaining your data (in this case your personal image) so they would not really be covered by data protection rules.
I would hope that the footage is not released or that if it is, the employer does not go as far as dismissal. If they do then you will have to take it up with them, for example if they did not follow a fair procedure or the outcome is disproportionate to the offence.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 12 months ago.
Hello, I see you have read my response to your query. 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 11 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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