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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 57230
Experience:  Qualified Employment Solicitor
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The management told me is not negotiable Assistant: Was this

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hi the management told me is not negotiable
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I don't understand how is this possible to make you sign
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: with employees
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: no i think thats all

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

Please explain your situation in a bit more detail

Customer: replied 5 months ago.
thank you I will.
Customer: replied 5 months ago.
My company issued me with a so called Nagative file note .This will remain in my file for 6 months .If conduct happens again idisciplinary Acton will be taken agants me resulting in 1 formal warning.
I know for a fact that this conduct they are claiming is not true .I dont wanto sign this document because I dont agree with the statement they made.I dont think I have done what they are claiming.One way to find this will be to get the video footage.But this has been declined by my manager only.With the statement that I have to sign and that not be negotiated with.Very intimidating manner.

How long have you worked there?

Customer: replied 5 months ago.
since december 2011
Customer: replied 5 months ago.
i never had this situation no formal action ,negative file notes or anything negative in my file

How long have you worked there for?

Customer: replied 5 months ago.
since december 2011 that will be 7 years

Thanks and what do you specifically want to know about this please?

Customer: replied 5 months ago.
i am legally supposed to sign .Can they force my to sign without approving my request for a video footage .

Have they said why you cannot view the footage?

Customer: replied 5 months ago.
because of security .I told them I want to see it because if I made a mistake I need to know were it happened and how so this does not happened again .I can not trust that in 2 monts time they are not going to make up something else .How I am supposed to know if what they claiming i true .

Thank you. If this is an official sanction against your name, which has gone on to your file, then it can actually be treated as a disciplinary sanction, meaning the employer should have gone through a formal disciplinary process to issue it. This would have involved getting any relevant evidence and giving you a fair chance to defend yourself. If it was an informal verbal warning then it would not have qualified but in this case it is stored on your personal file.

Also you can treat the video footage as personal data as you are identifiable from it, which means you have the right to see it under data protection laws. You can do this by making a subject access request.

Finally, no one can force you to sign something you do not agree with so you can refuse to do so and challenge them based on the above and make the subject access request in the meantime to try and get the footage.

Does this answer your query?

Customer: replied 5 months ago.
if I understand right legally they can not decline me seeing the video under the data protection act regardless if this is disciplinary against me or not. As long as this is an official sanction against my name witch in my case i believe to be .with receiving this negative file note
Is written note that will stay on my file 6 months after receiving 2 of them in a 6 monts timeframe for the same conduct then they do a formal disciplinary process. But I dont want to make it this far.

Regardless of what action the employer has taken against you, you have the right to see the video footage under data protection

Customer: replied 5 months ago.
even if other people are visible in this video

But you knew they were there anyway don’t you? I mean it’s not a surprise as to who is in it as they were there at the time so they will not be revealing any unknown information about others if they allow you to see the video

Customer: replied 5 months ago.
only 4 people on shift in this room for the whole 8 hours no-one else.Good to know .Thank you so much really appreciate.Is good to have legal advise .

You are most welcome

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