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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50476
Experience:  Qualified Employment Solicitor
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I have worked a my company for 1 year and they now are

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I have worked a my company for 1 year and they now are saying they will fit a tracker into my company car as per the company car policy, they say they will keep all data for as long as they deem necessary and will let anyone the want to look at it including possibly an insurance company. The company car policy says it will have a privacy button so personal mileage and location tracking will not happen but they are now saying they will track and look at this data as well. I do not want to sign this policy ad thereby give them the right to do this but they are saying that by not doing so I a making myself redundant.
What are my legal writes in this can I be making myself redundant

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Why do you not wish to sign the policy exactly?

Customer: replied 6 months ago.
I see this as an invasion of privacy and shows the company has no trust in my work ethic. I don't want my personal data freely available to whom ever the company chooses can see it. From what I understand this is against the data protection act as they can match up my data to my personal self this then becomes personal data and if they then pass this onto a 3rd party ie insurance company due to the miles I travel it could effect the cost of my personal car insurance.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

The starting point is that a company vehicle is company property and an employer has a right to know its whereabouts and how it is being used. There are however certain procedures and guidelines, which employers needs to adhere to in order to keep within the law when undertaking any vehicle-related monitoring.

Monitoring of vehicle movements, where the vehicle is allocated to a specific driver and where information about the performance of the vehicle can be linked to a specific individual, will fall within the scope of the Data Protection Act 1998. That is because the information collected would amount to personal data and will be subject to certain regulations. The following is non-statutory guidance published by the Information Commissioner, which deals with data protection rights:

· Where private use of a vehicle is allowed, monitoring its movements when used privately, without the freely given consent of the user, will rarely be justified

· If the vehicle is for both private and business use, it ought to be possible to provide a ‘privacy button' or similar arrangement to enable the monitoring to be disabled during private use

{C}· {C}Where an employer is under a legal obligation to monitor the use of vehicles, even if used privately, for example by fitting a tachograph to a lorry, then the legal obligation will take precedence

Employers are therefore encouraged to have a specific policy for the use of vehicle monitoring and to make employees aware of its existence. Where possible, the above principles should be applied to ensure privacy is maintained when the vehicle is used solely for private use.

Generally, the most common way of dealing with privacy issues in such circumstances is through the introduction of a specific monitoring policy and a privacy feature on the vehicle.

Employees are free to raise their concerns with the employer and discuss the above information, trying to reach an amicable resolution. This can be done either informally or by raising a formal grievance. The bot***** *****ne is that when monitoring an employer should act fair and reasonably and be able to justify that their actions fall within the law as far as possible.

The problem with you is your length of service. With less than 2 years you will have no unfair dismissal protection so it means they can consider terminating your employment for more or less any reason. Whilst you are not actually making yourself redundant, they can still terminate your employment due to the fact you have no unfair dismissal protection.

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