I blogged about this on my personal blog (nb does not, ever, reflect the views of my employer):
http://informationrightsandwrongs.com/2013/06/28/privacy-in-the-workplace-employment-appeal-tribunal-ruling/
Jonathan Baines
On 19 Sep 2013, at 07:11, "Huntley Nicky (RTR) South Tees NHS Trust" <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Hi all, just had this circulated and thought it was quite interesting ....fairness of dismissal v HRA.
Covert video surveillance, disproportionate conduct and unfair dismissal >
City and County of Swansea v Gayle
City and County of Swansea (the Council) conducted covert video surveillance on Mr Gayle after he was seen by a colleague playing squash whilst claiming payment for being at work on more than one occasion. The Council engaged a private investigator who covertly filmed Mr Gayle on a succession of Thursdays which confirmed that he was playing squash when other material showed him to have claimed to be at work. Mr Gayle was dismissed.
The Employment Tribunal (the Tribunal) upheld Mr Gayle's claim for unfair dismissal because of the Tribunal’s distaste for the Council’s use of covert surveillance; the Tribunal describing the Council's investigation as "too thorough". The Tribunal's view was that the Council’s use of covert surveillance involved an "unjustified interference" with Mr Gayle's right to a private life under article 8 of the European Convention on Human Rights. The Tribunal awarded no compensation, however, on the basis of contributory fault.
The Council appealed to the Employment Appeal Tribunal (the EAT) which the EAT allowed with a substituted finding that Mr Gayle's dismissal was not unfair. The EAT held that the Tribunal's criticisms of the Council for covertly filming Mr Gayle were irrelevant to the question of the fairness of his dismissal. However "reprehensible" an employer's behaviour may be in moral or social terms, it is only the extent to which that impacts on the fairness of the dismissal which is relevant
Nicky Huntley
Head of Information Governance,
Information Governance Department,
Directorate of Quality Assurance
South Tees Hospitals NHS Foundation Trust,
Marton Road, Middlesbrough,TS4 3BW
Tel: 01642 854964 – Extension: 54964 – Work Moble: 07827 955538
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ian Griffiths
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There's no requirement to have a responsibility for DP within an organisation.
Ian
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