Employment Law - do you know...

Discussion in 'Cambridge Weight Plan' started by emmapetty, 8 July 2009 Social URL.

  1. emmapetty

    emmapetty Going for Goal!

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    (sorry unrelated to CD again!)

    Does anyone know if it is illegal for an employer to use a camera to record employees without their knowledge? :confused::confused::confused:
     
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  3. sbridge7

    sbridge7 Silver Member

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    Hey,
    I don't think it has much to do with employment law, but I would definitely deem it as a breach of privacy, depending on the circumstances x
     
  4. Minx34

    Minx34 Minx xx

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    Hi Emma!

    Blimey...sounds spooky! My understanding is that it would depend on that the cameras are there for. If, for example, there were cameras generally around for shop security, shop lifting etc then it should be no problem.However, if they have installed cameras specifically to "spy" on staff then I am sure that they need to notify their staff that monitoring is being undertaken. They can usually do this by putting it in a corporate policy and sending it to employees, or putting up signs etc that staff can see.

    I found this paragraph which seems to clarify this:-

    Covert monitoring by CCTV or other interception of communications may only take place if the following exceptional circumstances apply:
    • the monitoring relates to behaviour, not to contract performance;
    • it is carried out to investigate a suspected criminal activity or malpractice; and
    • informing staff is likely to prejudice the above purpose and certain standards for covert monitoring are complied with.
    Hope this helps!!
    xx
     
  5. emmapetty

    emmapetty Going for Goal!

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    Thank you.
    Basically I am working on a supply basis atm as a Nanny. I have been in a family home caring for 14 month old twins.
    Yesterday I went to an activity centre with the children, and the lady who runs it asked me if I knew about the camera. She went on to say that the previous nanny had left as the parents were dishonest with her and the Father of the children (who works from home) had been monitoring her with the children every day.
    Much to my shock, I was rather spooked, but have didn't quite 'believe' someone would do that.
    I spoke to the agency (who appointed me the position) who were just as shocked as me when I asked them about it, and why they hadn't informed me. The agency knew nothing about it either.
    She called me back a short time later to tell me she had spoken to the Parent's who admitted that they used a camera to 'watch' the child carers for 'peace of mind'. I'm really quite spooked by it - not that I have done anything wrong, but the thought that the Dad has been recording me without my knowledge, has upset me greatly.

    Why is life never easy!
     
  6. herewego

    herewego Gold Member

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    They are not allowed to film you without your knowledge!
    Employers are obliged to explain what why and how they are recording your activity and unless there is a clear justification for this intrusion it is not allowed.

    I would ask your employer to remove it straight away if you are not happy for them to film you.
     
  7. SarahSez

    SarahSez Silver Member

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    If in any doubt, ring your local Citizens Advice Bureau

    Doesn't sound right though!
     
  8. Lily

    Lily Gold Member

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  9. emmapetty

    emmapetty Going for Goal!

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    Thanks Lily, that's really useful. I have made an appointment at my local citizens advice bureau.
     
  10. Minx34

    Minx34 Minx xx

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    Hi again

    That's horrible Emma. It leaves you in a very uncomfortable position with them doesn't it? I can understand some people having done this before if they had reason to believe their child had been mistreated...but just to put one in for the sake of it is on the spooky side.

    Are you going to mention it to them? Although seeking advice first is probably the best thing!

    Let us know what happens and try to keep smiling as you have done nothing wrong.
    xx
     
  11. emmapetty

    emmapetty Going for Goal!

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    As I have been doing the job through an agency, I have informed the agency that I feel uncomfortable in being watched 24/7, and have refused to go back.
    The Parent's are aware that I know about the camera, along with the agency also now knowing. They also know that I have refused to go back, and that any further childcare that is provided, the child carers will be told that the family record nannies.
    At this point, the agency are seeking advice, and wont be sending any more nannies to the home until they know for sure. if it is found that it is illegal to use the camera, the agency will refuse to provide them with further child care.
    I would have thought the agency would know this already to be honest. But I think it is unsure, as the camera is used in their home.
    I still think regardless of this, whoever is going to be recorded should be informed or asked.

    I understand that Parents can have concerns - but isn't that what references are for?!
     
  12. Minx34

    Minx34 Minx xx

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    I am glad you have sorted it, although will you get another placement straight away?

    It is a point actually that it is in their own home and they may be ok to do it as long as places like bathrooms etc aren't being filmed. I would still feel very uncomfortable with the fact that they never mentioned it to anyone.

    I hope it works out ok for you whatever happens with Mr & Mrs Voyeur!!

    xx
     
  13. emmapetty

    emmapetty Going for Goal!

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    lol @ Mix

    Yes, unfortunately it has meant I am in the 'waiting game' again. When work comes in I shall be informed by the agency. Until then though, I am home bound, waiting for that call...:(
     
  14. EllieMellie

    EllieMellie Silver Member

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    Hi Emma - you have got some good responses on here and I would agree. It may be reasonable for an employer to monitor employees without their knowledge, depending on the reason for doing so. In this case, they would presumably attempt to justify for child safety reasons. As you are not their employee, but an employee of an agency, it would potentially come under privacy laws and the CAB should be able to advise you of that. The agency are now obliged to attempt to find alternative work for you - I hope it works out. xx
     
  15. Toots

    Toots Gold Member

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    OMG, I know that the Nannycam is popular over in the USA (my mate is a nanny over there) but I didn't know it had hit these shores. That's awful - hope you get everything sorted out soon

    xx
     
  16. lunar jim

    lunar jim Gold Member

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    Everything that happens in the 'states happens over here eventually, in some form or another. Usually for the worse...
     
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