Can my employer use CCTV footage in Employment Tribunal proceedings?
The Employment Tribunal generally does not have formal rules about what evidence is admissible and if a party to Tribunal Proceedings wishes to rely on CCTV recordings in support of their case, the Tribunal is likely to allow it if the recordings are relevant to the proceedings and will help clarify the issues and allow it to meet the overriding objective of the Tribunal, which is to deal with the case justly.
However, anyone who captures and stores images through a CCTV system is likely to be required to comply with the Data Protection Act (DPA), as the images are likely to contain personal data. The DPA imposes a number of duties on anyone who processes personal data. If your employer failed to comply with his duties under the DPA in obtaining the footage, it is likely that he will not be fair to allow him to rely on the footage in any proceedings against you. For more information on the DPA see the Information Commissioner’s website at www.ico.gov.uk
The recording of CCTV footage may also be an interference with your right to privacy, protected under Article 8 of the European Convention of Human Rights. Although this right is not absolute, any interference will need to be done in accordance with the law and it must be necessary to achieve a legitimate objective. If your employer failed to comply with the DPA, then the interference will not be ‘in accordance with law’ and therefore breach your Article 8 rights. In addition, any filming that is disproportionately intrusive will breach your Article 8 rights.
The Human Rights Act 1998 makes it unlawful for public authorities to act incompatibly with your Convention Rights. This includes courts and tribunals. So if the CCTV footage breaches your privacy, and if allowing the employer to rely on it and to show it to the Tribunal breaches your rights under Article 8 of the Convention, then the Tribunal may be required by the HRA to refuse to admit the footage in evidence.
However, anyone who captures and stores images through a CCTV system is likely to be required to comply with the Data Protection Act (DPA), as the images are likely to contain personal data. The DPA imposes a number of duties on anyone who processes personal data. If your employer failed to comply with his duties under the DPA in obtaining the footage, it is likely that he will not be fair to allow him to rely on the footage in any proceedings against you. For more information on the DPA see the Information Commissioner’s website at www.ico.gov.uk
The recording of CCTV footage may also be an interference with your right to privacy, protected under Article 8 of the European Convention of Human Rights. Although this right is not absolute, any interference will need to be done in accordance with the law and it must be necessary to achieve a legitimate objective. If your employer failed to comply with the DPA, then the interference will not be ‘in accordance with law’ and therefore breach your Article 8 rights. In addition, any filming that is disproportionately intrusive will breach your Article 8 rights.
The Human Rights Act 1998 makes it unlawful for public authorities to act incompatibly with your Convention Rights. This includes courts and tribunals. So if the CCTV footage breaches your privacy, and if allowing the employer to rely on it and to show it to the Tribunal breaches your rights under Article 8 of the Convention, then the Tribunal may be required by the HRA to refuse to admit the footage in evidence.
