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26-05-18, 05:02AM

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Author Topic: Disciplinary Processes  (Read 8937 times)

Blackcat3

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Re: Disciplinary Processes
« Reply #25 on: 13-05-18, 01:58PM »
I think this is the way its going from now on loads of people in our store have had disciplinary meetings for little things it feels that the customer is been believed over staff who have worked there for years and its wrong

forrestgimp

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Re: Disciplinary Processes
« Reply #26 on: 14-05-18, 11:05AM »
Re: Disciplinary Processes
My problem seems unsurmountable. Last week I was on self service and I noticed that a till red light was on. I went to check on the problem and see if the customer needed any assistance. A lady was picking up her two bags to leave. An amount of £16.99 had not been paid, so I asked her very politely if she had been on this till. She replied that she had. I replied that the machine or computer had misread her card – it happens often and please Madam would you in future wait for your receipt before leaving. She started shouting that she was confused and started trying to swipe her card to no effect. I said the computer is asking for your pin number which she entered. She took her receipt and said that she never liked me. I then saw her with the checkout manager and she was asking the lady what type of flowers she liked. I realised that she had made a complaint to c/o manager.
After 9 days the c/o manager called me for investigation – the 2 union reps were unavailable – the video of incident proves I was doing my job correctly but I am now subject of disciplinary action.
I should say now that c/o manager has been bullying, discriminating, and playing mind games with me since she came to the store.
I went to the house of union rep and she says that she will be with me during disciplinary hearing, but also she is a friend of manager.
Is this the end of 14 years of dedicated service or can I battle through it and win??

Grievance the C/O manager for bullying, thats what I would do.

tut tut

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Re: Disciplinary Processes
« Reply #27 on: 14-05-18, 11:11AM »
It is NOT you're responsibility to provide a rep, it is TESCO 'S. How can you authorise secondment of staff from another store, it is their responsibility to provide you with access to appropriate representation!!!!

londoner83

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Re: Disciplinary Processes
« Reply #28 on: 14-05-18, 07:34PM »
Also need to question why video evidence has been used. Under data protection laws cctv can only be reviewed for crimes- not to review customer complaints.

carlh

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Re: Disciplinary Processes
« Reply #29 on: 15-05-18, 03:24AM »
Who are you calling a liar?

notsofunny

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Re: Disciplinary Processes
« Reply #30 on: 15-05-18, 01:26PM »
Also need to question why video evidence has been used. Under data protection laws cctv can only be reviewed for crimes- not to review customer complaints.

That's news to me , I have tried to find that part of the law under the data protection act since you said it and I cant ,  And I have used CCTV for things like claims for slips car accidents , I have even seen it used to see how many times a employee in security gets up to have a walk around and if they go to sleep and other things ,

Bleh

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Re: Disciplinary Processes
« Reply #31 on: 15-05-18, 01:36PM »
You cannot use cctv to monitor an employers performance, though it can be used in an investigation for more serious things. I.e theft.

notsofunny

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Re: Disciplinary Processes
« Reply #32 on: 15-05-18, 01:51PM »
So what is classed as performance  ? would looking up a customer complaint be covered ?  since I have seen them placed in Food factories to see if employees are washing hands before they enter food areas, and like I said by security companies to make sure guards do not sleep when on duty.


Bleh

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Re: Disciplinary Processes
« Reply #33 on: 15-05-18, 11:34PM »
Read our cctv notices In store it states it’s to deter theft and protect staff, not performance manage staff, this falls under stealth management.

Bleh

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Re: Disciplinary Processes
« Reply #34 on: 15-05-18, 11:41PM »
“Under the Data Protection Act if the employer gives a reason for the cameras for example to prevent theft, the employer cannot then use the footage for another reason such as recording entry and exit of workers from the workplace.”

Our cctv signs clearly state to prevent theft and deter violence or something to that nature nothing about being used for performance management.

Source: Acas http://m.acas.org.uk/index.aspx?articleid=5721

carlh

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Re: Disciplinary Processes
« Reply #35 on: 16-05-18, 12:00AM »
A woman in our store got disciplined for being on her phone, caught by CCTV. So is that classed as performance?

penguin

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Re: Disciplinary Processes
« Reply #36 on: 16-05-18, 12:49AM »
Either performance or mis conduct, but either way not within the data protection act to use store cctv to see if someone was on a phone unless the person was on the phone for the purpose of committing a crime or assisting someone else to do so, appeal and grievance should go in.
Tesco - the moden day word for workhouse

carlh

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Re: Disciplinary Processes
« Reply #37 on: 16-05-18, 03:06AM »
Thanks penguin. There's also a notice warning us that "the hub" is watching us all.

terra

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Re: Disciplinary Processes
« Reply #38 on: 16-05-18, 07:09AM »
CCTV should not be used for minor offences like being on a phone

tumshie

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Re: Disciplinary Processes
« Reply #39 on: 16-05-18, 11:06AM »
“Under the Data Protection Act if the employer gives a reason for the cameras for example to prevent theft, the employer cannot then use the footage for another reason such as recording entry and exit of workers from the workplace.”

Our cctv signs clearly state to prevent theft and deter violence or something to that nature nothing about being used for performance management.

Source: Acas http://m.acas.org.uk/index.aspx?articleid=5721


So if there is a notice informing staff that CCTV is being used to monitor their performance that would be okay?

Bleh

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Re: Disciplinary Processes
« Reply #40 on: 16-05-18, 12:02PM »
Would have to be official and potentially form part of your terms and conditions? But yes as it has been stated.

GreenGrocer

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Re: Disciplinary Processes
« Reply #41 on: 16-05-18, 12:42PM »
“Under the Data Protection Act if the employer gives a reason for the cameras for example to prevent theft, the employer cannot then use the footage for another reason such as recording entry and exit of workers from the workplace.”

Our cctv signs clearly state to prevent theft and deter violence or something to that nature nothing about being used for performance management.

Source: Acas http://m.acas.org.uk/index.aspx?articleid=5721


So if there is a notice informing staff that CCTV is being used to monitor their performance that would be okay?


CCTV cannot be used to monitor performance. There is no exceptions.

forrestgimp

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Re: Disciplinary Processes
« Reply #42 on: 16-05-18, 03:59PM »
Also need to question why video evidence has been used. Under data protection laws cctv can only be reviewed for crimes- not to review customer complaints.

Can you provide something concrete to back this up it will come in useful for me. TIA.

baldeagle

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Re: Disciplinary Processes
« Reply #43 on: 16-05-18, 04:48PM »
Ring up the information commissioners office or ACAS. Both helpful. The comments above about use are correct.

grim up north

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Re: Disciplinary Processes
« Reply #44 on: 16-05-18, 06:37PM »
“Under the Data Protection Act if the employer gives a reason for the cameras for example to prevent theft, the employer cannot then use the footage for another reason such as recording entry and exit of workers from the workplace.”

Our cctv signs clearly state to prevent theft and deter violence or something to that nature nothing about being used for performance management.

Source: Acas http://m.acas.org.uk/index.aspx?articleid=5721


So if there is a notice informing staff that CCTV is being used to monitor their performance that would be okay?


CCTV cannot be used to monitor performance. There is no exceptions.


Someone who works at our DC should have picked a certain number of products but decided to only put a few in. As it was expensive stuff the store asked for it to be looked into. The DC worker was seen putting only 5 in the cage instead of 25 by CCTV. Is this allowed?

baldeagle

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Re: Disciplinary Processes
« Reply #45 on: 16-05-18, 06:53PM »
Was the stock lost? if yes then watching the images would be covered.  but if not it would be difficult to justify.  Now we all know CCTV is used to watch us at work, but to use the information incorrectly is a breach of the act.

Please note the act is about to change and the fines for misuse are greatly increased.

GreenGrocer

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Re: Disciplinary Processes
« Reply #46 on: 16-05-18, 07:02PM »
f*** sake just do the job right and no one should have an issue. If a TM wants to stand at a podium watching GAs all shift when there is no customers in the shop so be it.

Equalizer87

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Re: Disciplinary Processes
« Reply #47 on: 16-05-18, 08:28PM »
Was the stock lost? if yes then watching the images would be covered.  but if not it would be difficult to justify.  Now we all know CCTV is used to watch us at work, but to use the information incorrectly is a breach of the act.

Please note the act is about to change and the fines for misuse are greatly increased.

Good, it's about time they increased the fines for misuse of CCTV.  I've seen it misused in Tesco so many times, I hope they do get caught for it.
"The only thing necessary for the triumph of evil is for good men to do nothing"

Duracell

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Re: Disciplinary Processes
« Reply #48 on: 17-05-18, 02:00PM »
Someone who works at our DC should have picked a certain number of products but decided to only put a few in. As it was expensive stuff the store asked for it to be looked into. The DC worker was seen putting only 5 in the cage instead of 25 by CCTV. Is this allowed?

At a site that pays a performance bonus, then yes because they have defrauded the company, which technically is theft, if that act can be shown to be deliberate. The viewing of CCTV would have to be in retrospect, the issue raised and then they refer back to CCTV after the event for evidence.

This type of Viewing can often be common place and justified, particularly in the defence of individuals.

I am not sure of the precise wording but the CCTV signs and policy implies the CCTV is for misappropriation of property and the safety of Staff visitors and customers which can encompass a lot of actions and behaviours.

So dependant on the incident the CCTV can and is viewed retrospectively when the incident is being investigated.

Conduct issues dependant on the nature, can fall broadly within the policy so it isn’t black and white.
My Opinion is exactly that, Mine.  Based on my view of what I know , see and what I would do.
"Being a rep doesn't make a person right anymore than not being a rep makes a person wrong " 

Duracell.

Duracell

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Re: Disciplinary Processes
« Reply #49 on: 17-05-18, 02:16PM »
The notion that if an individual is acting suspiciously that they can’t be monitored live on CCTV and if they are it is inadmissible is a bit of a Nonsense.

For example if an individual looks suspicious on camera and is monitored and seen tampering with a safety device on equipment or not following strict hygiene routines, but the person monitoring fails to raise concerns or does and nothing is done, and an incident later occurs, do you think the HSE or EHO would be interested that the activity was seen on CCTV yet nothing was done at the time.

They would be all over the company and the CCTV operator like a rash.

In this time of Dog eat Dog people are becoming less willing to let things go.

It depends on the behaviour being monitored.
« Last Edit: 17-05-18, 02:20PM by Duracell »
My Opinion is exactly that, Mine.  Based on my view of what I know , see and what I would do.
"Being a rep doesn't make a person right anymore than not being a rep makes a person wrong " 

Duracell.