CCTV in the workplace

[katie4]

Can anyone shed some light on introducing CCTV in the workplace. We currently have CCTV covering outside areas/warehouses etc.. but are looking into having CCTV inside the factory. The sole reason being for security as we are introducing evening shifts. Is there anything to be aware of before starting this process or any advice that will help make introducing this to employees easier?

 

[IanSuth]

Explain to them why it is being done, ask for their suggestions on where they think the vulnerable security areas are that need covering - then less likelihood they will think it is "spying on them"

 

[JEREMY HAWKE]

You should just go a head and do it
Many trucks have incab dashcams now watching the driver and your not planning to be that intrusive
In my view it is no different to having a camera in a shop

 

[katie4]

Explain to them why it is being done, ask for their suggestions on where they think the vulnerable security areas are that need covering - then less likelihood they will think it is "spying on them"

Thanks for your response. Do you have any ideas on how legalities come into it? (in terms of Data Protection and Human Rights Acts etc..)

 

[fisicx]

There are no legalities.

You can install cameras without permission in the workplace. They are very useful tools in case of dispute.

But keep them out of restrooms, locker areas and toilets. If you have a kitchen they could have value to aid safety (things left on a stove for example).

 

[LukeTalentTent]

You don't necessarily need permission but I would still make it clear, give notice and make sure your policies and procedures are updated accordingly. If you can extend that to doing an official consultation with your people, it will go smoother. Your main considerations are going to be around GDPR.

 

[Ozzy]

If any members of the public could enter the area you will need to put up signs letting them know, for work areas without public access not necessary but good practice.

 

[fisicx]

Your main considerations are going to be around GDPR.

Not sure about this. Why would a security camera have GDPR issues? Would a camera pointing to the main entrance or the loading bay be any different to one overlooking the production line or packing area?

I’ve just been to the shop and they just had a sign in the window saying there were cameras in use.

 

[LPB 123]

See surveillance in the workplace section:

How can we comply with the data protection principles when using surveillance systems?

ico.org.uk

Your CCTV company should be able to tell you what you need on your signs etc e.g if filming members of the public you need to state the reason you're filming and have contact details etc.

 

[WaveJumper]

ICC is a good place to start as also mentioned above your CCTV contractor should also be well placed to advice, if not your using the wrong company. Most major retailers are bristling with CCTV and not just to catch shoplifters, my wife does a couple of hours a week in Tesco on the tills and each unit has a dedicated camera monitoring what staff are doing. When managing large stores back in the day you would certainly have cameras at all staff entrances and loading bays, always quite interesting when certain individuals shouldn’t be in a particular location especially at an odd ball times.

My one over riding bit of advice would be, yes you may well have signs up especially if cameras also cover public areas, make sure you have proper controls in place, good record keeping, worse case one day a member of the public will put in a request to view an incident, or you will actually have a staff incident which requires the police / court action I can tell you if you have not got your paper work in order judges don’t take too kindly to you. Oh and PS don’t rely on the police doing the right thing with the CCTV evidence

 

[DontAsk]

my wife does a couple of hours a week in Tesco on the tills and each unit has a dedicated camera monitoring what staff are doing.

Mis-scan a single item and it can result in a disciplinary meeting. Quite stressful.

 

[WaveJumper]

Mis-scan a single item and it can result in a disciplinary meeting. Quite stressful.

They even monitor your scan rate, not fast enough and you get hauled up to the office ……… my wife wears it like a badge of honour, the fast scanner in her store ?

 

[INFERNO]

Can anyone shed some light on introducing CCTV in the workplace. We currently have CCTV covering outside areas/warehouses etc.. but are looking into having CCTV inside the factory. The sole reason being for security as we are introducing evening shifts. Is there anything to be aware of before starting this process or any advice that will help make introducing this to employees easier?

We installed it at one site, we had over £1m of equipment and some ran on auto so its important to check in and make they are running, plus on the nightshft in the summer the doors are sometimes left wide open and anyone could walk in........ it sort of backfired as employees thought we were spying on them, but, we know they always get the work done and we trust them to do so it this wasnt the case, we also trust the supervision, it sort of made them paranoid and you could see them always liiking for the cameras rather than what they were doing, if anything it slowed things down. So, we issued a memo explaining the reasons and we also put ourselfs out on a limb by promising any cctv evidence wouldnt be used except for instances of theft , deliverate damage or violent conduct, no one would get dragged in fro a diciplinary for having 5 minutes extra break or chatting for longer than they should, thats the supervisors job and it would undermine him. Since that we had 4 years problem free and it never gets mentioned, but its there if we need it. If you need it you need it.

 

[cctvdirectuk]

Introducing CCTV in the workplace, especially inside the factory, is a significant step that requires careful consideration of legal, ethical, and employee relations aspects. I hope you know all of these.

Legal Compliance
Employee Communication
Policy Development
Consultation with Employees
Training and Awareness:
Placement of Cameras:
Access Control
Regular Review:
Post-Implementation Feedback
Seek Legal Advice

Remember that transparency, communication, and respect for employees' privacy rights are crucial in successfully introducing CCTV in the workplace.

 

[Blood Lust]

There are no legalities.

You can install cameras without permission in the workplace. They are very useful tools in case of dispute.

But keep them out of restrooms, locker areas and toilets. If you have a kitchen they could have value to aid safety (things left on a stove for example).

This is so wrong.

Under GDPR an employer does not have the right to film inside the workplace unless it is clearly stated in the contract of employment. For existing staff he needs to give them each a letter explaining the coming change, have them sign and return it to say they have understood, and to store them with their other HR paperwork.

Filming without this creates two risks:
1. An employee becoming aware of it can go onto the ICO website, get the data protection breach template, issue it on their employer, and demand compensation. Failure to stop and issue compensation will have them go to ICO, and then it becomes worse.
2. An employment tribunal will not award compensation for GDPR breaches, but does award under for breaches of the human rights act which includes the right to privacy (including inside the workplace).

 

[NickGrogan]

This is so wrong.

Under GDPR an employer does not have the right to film inside the workplace unless it is clearly stated in the contract of employment. For existing staff he needs to give them each a letter explaining the coming change, have them sign and return it to say they have understood, and to store them with their other HR paperwork.

Filming without this creates two risks:
1. An employee becoming aware of it can go onto the ICO website, get the data protection breach template, issue it on their employer, and demand compensation. Failure to stop and issue compensation will have them go to ICO, and then it becomes worse.
2. An employment tribunal will not award compensation for GDPR breaches, but does award under for breaches of the human rights act which includes the right to privacy (including inside the workplace).

Not true at all according to the ICO website.

An employer can film anywhere at any time, if they have a reason to.

How do you think they catch people stealing or abusing patients in care homes if they tell them where the cameras are?

 

[Blood Lust]

Not true at all according to the ICO website.

An employer can film anywhere at any time, if they have a reason to.

How do you think they catch people stealing or abusing patients in care homes if they tell them where the cameras are?

Being monitored at work: workers' rights

Employers might monitor workers, but if the monitoring involves taking data, images or drug testing they have to do this in a way that's legal and fair

www.gov.uk

`Data protection law covers any monitoring that involves taking data, images or drug testing. If workers are unhappy about being monitored, they can check their staff handbook or contract to see if the employer is allowed to do this. If they’re not, the worker might be able to resign and claim unfair (‘constructive’) dismissal.`

To film requires an explicit statement in the contract of employment stating the reason for filming, how it will be stored, and processed. If not in the contract of employment it goes in the employee handbook and is referred to in the contract of employment.

Failure to do so violates GDPR in a number of places including Part 3 which covers the processing of personal information. Images (covering video footage) is personal data. As stated, an employment tribunal will not award compensation for the violation (but might award it for other issues such as unfair constructive dismissal). However a solicitor will go for it under the human rights act which does get compensation.

Furthermore, the employee can instead get the correct letter from ICO and issue it to their employer notifying them of a Data Protection breach. Failure to rectify the breach, and give compensation, means they can then make an official complaint to ICO and get it dealt with that way. Regular filming without the right to do so, but for non-nefarious reasons, will get the employee up to a maximum of £7,000 in compensation. For nefarious reasons up to £59,000.

Your understanding on this area of law is inaccurate and worrying because I suspect you have fallen into the trap of doing it. If so, please cover yourself. If you don`t believe me have a chat with your HR department or solicitor.

 

[NickGrogan]

From ICO website

"
It is therefore important if you are using surveillance systems in the workplace, especially any use of audio recording, that you use them in rare circumstances. In addition, you must:

• consult with your workforce (eg staff and/or trade unions), especially during the DPIA process;
• ensure that there are adequate notices, or other means, to clearly inform employees about the nature and extent of surveillance and its purpose(s);
• ensure that you make people other than workers, such as visitors or customers, who may inadvertently be caught by monitoring, aware of its operation and why you are carrying it out;
• target any video or audio monitoring at areas of particular risk and confine it to areas where expectations of privacy are low;
• consider that continuous video or audio monitoring of particular individuals is only likely to be justified in the rarest of circumstances, and may involve other legal requirements outside data protection law for targeted monitoring;
• respect the individual rights staff have about their personal data, and provide a mechanism for them to raise complaints or concerns directly with you as their employer."

Consult does not mean they have to agree and is not a basis for Constructive dismissal.
The notice does not mean in the employment contract or handbook

There is also a section on the covert use of CCTV by employers if you're interested.

 

[fisicx]

When I walk into the sawmill to get some timber there is a sign saying you are being watched. I’ve not agreed to or been consulted on the use of cctv.

The supermarket has cameras everywhere. When I worked there i didn’t have to give permission.

In the office where my wife works there are security cameras. She hasn’t had to sign or agree anything.

The cameras in the open market film all the traders. Nobody has had to give consent.

 

[Ozzy]

The important part is so long as you have given notice, and a sign as you enter the premises is enough notice. Example being my daughter has a sign on the door as you enter her riding school, no permission needed.

 

[IanSuth]

Vaguely related case in france being reported on BBC - it mentions over surveillance and a fine for not keeping CCTV secure enough

Amazon fined for 'excessive' surveillance of workers

The online retail giant was found to be keeping detailed data on employee working patterns.

www.bbc.co.uk

 

[SillyBill]

Like with anything the word "reasonable" is the art of doing anything involving staff. We have CCTV across the site but not in certain areas (obviously) like toilets, rest rooms (people deserve privacy) and changing rooms. Used for everything from remote supervision (why do we have to be in the same room as our staff to supervise when we're in the 21st century?), to H&S (we have lone workers) to security (I can log in now and see the site live).

Certainly wouldn't go as far as Inferno did and rule out several perfectly reasonable uses for CCTV, I think 1-2 mentioned some concerns when we installed and I/we simply said if you're doing your job as we pay you to do it we will never have any reason to look at the footage...and remarkably few instances we ever have. We're busy running a business, not spying on staff afterall. But if I need to, its there and I'd make no such promises to not use it in any reasonable manner(to support disciplinaries if needs be), in a world where the cards are stacked against the employer I don't see why we'd agree to restrictive terms when we don't need to.

Some very useful cases we have found for it. Recently a lorry driver hit one of the cars in the car park and did a hit and run, initially denied it until we sent his company the video of him driving into the car...and compensation quickly followed. We also had one last year where we bought a very expensive part which meant missing...my business partner knew where it was last...and so we watched on camera a staff member mistakenly put it in the bin thinking it was an empty cardboard box. Scrambling around the bin to find it but so we did! Lots of examples where it has paid for itself over the time they've been in.