Hi Jane
I agree with colleagues on the board.
I think the evidence is admissible and can be copied to the panel members (provided the copies are returned at the end of the hearing).
This is as long as the council has not encouraged the recording in anyway. Note that the individual is not a public authority for human rights purposes but the council is, so it has to be careful not to be seen to encouraging this kind of thing as it would be arguable that it is encouraging staff to breach others' privacy (article ECHR).
On 10 Feb 2011, at 11:30, Jane Holden wrote:
> Scenario:-
>
> Employee A takes mobile phone footage of Employee B without his
> knowledge in support of his grievance against employee B.
>
> Can this footage be used against employee B for disciplinary purposes?
>
> Can this footage be copied onto DVDs and disseminated to all members of
> a disciplinary panel?
>
> Your thoughts would be much appreciated.
>
> Thanks
>
> Jane Holden
>
> Barrow Borough Council - Enhancing the economic and social future
> of the Borough.
>
> Think - UK businesses use 2 million tonnes of paper each year - do
> you really need to print this e-mail?
>
> This e-mail and any files transmitted with it are confidential and
> intended solely for the use of the individual to whom it is
> addressed. Any view or opinions presented are solely of the author
> and do not necessarily represent those of Barrow Borough Council.
> If you are not the intended recipient you may not use, disclose,
> distribute, copy, print or rely on this e-mail. If you have received
> this e-mail in error please contact the sender.
Regards
Ibrahim Hasan
Solicitor and Director
Act Now Training Limited
www.actnow.org.uk
www.informationlaw.org.uk
http://twitter.com/ActNowTraining
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|