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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50475
Experience:  Qualified Employment Solicitor
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I ll be attending a disciplinary hearing as I was accused of

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HelloI ll be attending a disciplinary hearing as I was accused of inappropriate touching 3 colleagues .
The investigator however ( as the people accusing me ) did not provide date , time or area were those alleged inappropriate behaviour took place, there is also NOT eye witness or CCTV footage proofing anything .The 3 ladies accusing me have stated they are stressed while working with me due to my behaviour ( however this is fault ) As I have few work group photos where those accuser are not stressed at all in my presence but in fact very chilled and smily and no signs of frustration
In my defence I d like to show some photos that I have with those accuser to proof our good working relation
Would you say those are hard evidence which can help my defence ?
In addition as the CCTV footage was not taken in consideration , how can i ask to provide to me 6 full days of CCTV footage for me to review before the disciplinary hearing ?

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

How long have you worked at the company?

Customer: replied 5 days ago.
20 month

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. 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

Customer: replied 5 days ago.
I am aware of the 2 years rule , but on this case is all about to put together a good defence during the disciplinary and to highlight the lack of evidence of those accusations ( no time , no place , no date , no eye witness , no CCTV ) What is your thought ?

Many thanks for your patience. First of all, I appreciate you are aware of the 2-year rule, but I just need to make it clear that no matter how much good evidence you provide, and even if you prove that you are 100% innocent, the employer can still go ahead and dismiss you. It really depends on what they want to do and if they have made a decision already that they want you out, then they can easily do this, regardless of how strong a case you have and how good your defence is.

If they go into this with an open mind, then you do have a potential chance of avoiding dismissal, but no one can guarantee that.

What you also need to be aware of is that an employee does not need concrete proof of your guilt to make a decision. The law only requires them to conduct a reasonable investigation and following that, form a genuine opinion that you were guilty. Therefore, even without any evidence of your guilt, if they believe the accusers more than they believe you, they can still make a decision against you.

So the employer does not need eye witnesses or CCTV to be able to make a decision – they can go ahead simply by using the witness evidence of the people who made the complaint.

I would say the photos you are going to use showing them happy around you will not really be that relevant – everyone can smile for a photo, even if they do not like the person they are next to, so that will not in itself show the employer anything.

As to CCTV, you have the right to see this, as long as you are in it, by asking the employer to release it under the Data Protection Act 1998. You need to follow a specific procedure for that, but if you are filmed then you have the right to see any footage of yourself.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to request the CCTV footage. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you

Thank you. If an organisation holds personal data about an individual, such as CCTV footage in this case, section 7 of the Data Protection Act 1998 entitles that person to request copies of such data. The process is known as a Subject Access Request (SAR).

If a SAR needs to be made, the individual needs to write to the organisation which holds the data in question. It would be useful to check if there is a dedicated data protection officer to whom such requests need to be addressed. If not, it can be sent to their general correspondence address. The SAR letter should include the following information:

· Make it clear that a 'subject access request under section 7 of the Data Protection Act 1998' is being made

· Provide details of the data for which copies are requested, together with any information necessary to locate it.

Once the formal request has been correctly made, the organisation must respond within 40 days.