Q My factory has recently installed video cameras on the shopfloor, ostensibly for health and safety reasons. However, I feel that it is a way for managers to spy on us and I'm concerned that it is infringing my civil liberties? What can I do?
Use of CCTV cameras in the workplace is governed by the Data Protection Act 1998 (DPA), as the images which are automatically processed by the CCTV equipment fall under the definition of personal data. This means your employer must process such data in accordance with the DPA and comply with the eight data protection principles.
Before installing the video cameras your employer should have considered whether it was a justified action and undertaken an impact assessment. In doing so, it should have considered whether alternatives could achieve the same objective ie., to ensure health and safety compliance. Examples of alternatives to consider could be better training and/or greater supervision.
Your employer should have appointed someone in the organisation to have responsibility for the CCTV images, deciding what is recorded, how the images are to be used and who they could be disclosed to. Your employer should also have set out clear internal procedures on how to use the system and how the images can be disclosed.
In light of the above requirements, you could raise your concerns with your employer, either informally or as a formal grievance. This would give both parties the opportunity to discuss the reasons for and issues arising out of the installation of the CCTV. It will also provide a platform to enable you to understand more about how your employer intends the CCTV to be used.
Q One of my maintenance technicians returned to work six months ago after having suffered a heart attack. However, despite receiving full pay, he is only able to work half the hours he was previously and he is only productive for around a quarter of his time because of the after effects of his condition. He is costing me money so, putting it bluntly, can I fire him?
You mention that, as a result of the employee's heart attack, he is experiencing after effects. It will be important for you to obtain medical evidence as to whether he now has a disability which is one of the protected characteristics under the Equality Act 2010.
In order to be classified as having a disability, the employee must have a physical or mental impairment which has a substantial and long-term adverse effect on the employee's ability to carry out normal day-to-day activities. In order to do, this we suggest that you ask for the employee's consent to obtain a medical report on his ongoing condition.
To the extent that the employee does have a disability then you must ensure you comply with the various protected rights he has. The first is to make reasonable adjustments to his work and this may take many forms. This varies from providing physical aids to adopting different ways of working. Quite often, advice can be obtained from one of the disability support organisations.
Once you have complied with a duty to make reasonable adjustments, if the employee's performance still does not reach the required standards and is unlikely to do so in the future, then you can consider dismissing him on capability grounds. You must do this carefully; otherwise you will face claims for discrimination arising from his disability. In any event, the performance management process must be handled sensitively and fairly.
You may also wish to consider whether you have permanent health insurance which would cover this employee if he went on long term sick leave or ill-health early retirement provisions under any occupational pension scheme.
60 second guide
...to alcohol and drug abuse
Alcohol and drug abuse in the workplace can cause or contribute to absenteeism, low productivity, poor standards of work, inappropriate behaviour and accidents at work. Failure to adequately address alcohol and drug abuse in the work place not only increases the risk of such problems, but also presents legal risk.
Employers have a legal duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of their employees. This would include ensuring that incidents of alcohol and drug abuse among its workforce are appropriately dealt with.
It is advisable for employers to have in place a clear and well-communicated alcohol and drug policy, setting out the rules regarding alcohol and drugs. Depending on the nature of the organisation, many organisations operate a zero-tolerance approach, dealing with abuse primarily as a disciplinary issue. Other organisations choose to deal with alcohol and drugs abuse as a component of health and welfare policy, focusing on the support available to employees and encouraging those with a problem to seek help voluntarily.
Increasing numbers of employers now choose to operate workplace screening and testing in relation to alcohol and drug abuse, often through their occupational health advisers. Due to the intrusive nature of such testing, legal issues around health and safety, data protection, human rights and discrimination can all arise out of a decision to operate such testing without sufficient justification.
Even if there is justification to test, for example due to safety-critical activities being undertaken by the workforce, the consent of the employees will be required. Further, employees should be made aware of the purpose of the testing and the consequences of the outcome at the time consent is sought.
