IS tracking legal?

[Poetryguy]

Is it legal for my Employer to track my movements all day without asking permission first and then disceplining me on the findings?

[Eve]

Can you give a bit more context such as what you do, how you were tracked and what you were discliplined for.

Generally speaking if I had suspicions about a member of staff doing something wrong/illegal/personal business on work time etc... then I'd want to know what was going on if it had an effect on my business or a member of staff was doing something they shouldn't.

If he asked your permission, would that not defeat the object?

[Poetryguy]

I am a traffic warden who rides a scooter and the company decided to fit tracking devices to the vehicles "For out safety" was the official reason. We were not given any chance to objenct to this (As I would have).

They now have taken the collaborated tracking data and used to to check up on my break times and where I was going and found that I was not in places I should be due to reasons like I stopped briefely at home to pick up asthma medication i forgot that day or my glasses I forgot. we are talking about 10 minuites discrepancy. Now my main objection is that out of the whole company staff, counting in numbers of 20 - 30, only five of us have these trackers on us all day.

I have now been disceplined and suspended for this and I feel part of a small discriminated group as i feel if one of us is tracked, we all should be....if it is legal at all.

[Eve]

I don't think it's illegal.

Employees are monitored in all kinds of way from clocking in and out to check people's lateness to monitoring the use of e.mail to time recording, tracking of delivery vans etc...

[Ethel]

Have you got a union? If so, contact them - that is what they are there for.

[ChuckFickens]

No of course it's not illegal, for a start they are not tracking you, they are tracking their property (the scooter) secondly you were informed the vehicle had a tracking device fitted.

It may be harsh treatment but not illegal

[Postdog]

We at Royal mail are getting a similar thing thing soon - an electronic gizmo for signed for items that is also has a GPS fitted, so they can track us.

Retuning to your problem though, I don't think it is fair - even if you are a traffic warden - for some to be tracked and not others.

[bednobs]

poetryguy - can you honestly say that the discrepancies were only twice, and that it was to collect your glasses and medication? If you can say that, then i would imagine yu could appeal (depending on your work policies)
it seems much more likely are you taking the p!ss, they have suspended you and now you want it to be illegal? i' not saying thats whats happened, but it seems unlikely that they would suspend you for two innocent occasions. It seems more likely that it is much more than you are letting on, or that your home is a long way away and youve used their petrol, their vehicle and their time to go and pick up your bits

[bednobs]

i meant to ask, do you ride the same scooter everyday? or is it a pool of scooters?

[Poetryguy]

I just find it funny that the company is going to be reducing staf numbers and redundancies will be high.

The managment have been intensly scrutinising selected staff members and have been doing so for weeks.

These trackers just seem to be a spy tactic and a convenient way to avoid redundancy payments.

In answer to questions I live only minutes away from work and it was only 2 occasions. We haave a pool of scooters, some with and some without trackers and they are assigned out by managment everyday.

[Eve]

How long have you worked there for?

[Poetryguy]

I have only been there for around 14 months but others who are going through the same problems have been there for years.

[Ethel]

Then it clearly not an alternative to making you redundant.

It would be far easier and cheaper for them to make you redundant than risk industrial tribunal for unfair dismissal if they are having to trump up charges to find grounds for sacking you.

[Eve]

So at least you've been there over a year and have more protection.

As said above, do you have a union you can contact for advice? I don't think the tracking as such is wrong but they need to have decent reasons for getting rid of people so as not to make themselves vunerable to claims.

Have any others been actually suspended?

[Memore]

He wouldnt be entitled to redundancy as not been there for 2 years

[Eve]

Yes, has to be 2 years for statutory redundancy (though the firm can, if they wanted, give a voluntary payment) but only a year to be able to claim for unfair dismissal if a case could be proved.

Some info here...

http://www.direct.gov.uk/en/Employment/Redunda ncyAndLeavingYourJob/DG_10026692

For unfair dismissal I am guessing their reason would be your unauthorised absences while on duty.


http://www.direct.gov.uk/en/Employment/Redunda ncyAndLeavingYourJob/DG_10026619

They must follow the proper procedure though.

http://www.direct.gov.uk/en/Employment/Resolvi ngWorkplaceDisputes/DG_10028111