USE OF CCTV IN DISCIPLINARIES

Our Ref: BR1/4/4

14th November 2017


Dear Colleague

USE OF CCTV IN DISCIPLINARIES

Further to my previous correspondence dated the 8th September 2017 where I informed you that the union was seeking a review of our current advice on the use of CCTV in disciplinary process, I can now advise you that I have received further information from our Legal Department indicating that our previous advice remains virtually unchanged.

The matter has again been subject to recent consideration by the union’s National Executive Committee who note that the misuse of CCTV in practice by rail companies is varied in its application, ranging from poor quality footage which fails to adequately capture events or is misleading; to the selective use of CCTV footage in a bias way, only that which seems to condemn our members when exonerating footage is also available but withheld and even hidden by the companies.

The RMT has no confidence in the manner in which employers use CCTV in the disciplinary process against our members. Therefore, the Executive Committee has instructed me to:

•    Re-circulate the RMT’s advice to our representatives on the Use of CCTV in Disciplinaries, ensuring it is available on the RMT website.

•    Raise an official complaint with the Government Information Commissioner or Ombudsman regarding the co-ordination and content of submissions by rail companies on the CCTV Data Protection Register, specifically including the unacceptable infringement on personal integrity that CCTV may: “…. Also be used to monitor staff when carrying out their work duties” and that the information may be shared with ‘persons making an inquiry’ ie any Tom, Dick or Harry!

•    Fully support any union members who choose to deny under the Data Protection legislation their employer the ability to use their images captured on CCTV as evidence against them in disciplinary proceedings. This should only be done if the members’ case will not be unduly affected by their refusal.

•    Write to and challenge employers on their selective use of CCTV footage as evidence against our members and their reliance on poor quality footage as evidence against them in disciplinary proceedings, with a view to establish adequate standards of CCTV quality.

In accordance with the above, I am now acting on the instructions of the union’s National Executive Committee and I will, of course, keep you fully advised on any further developments. In the meantime, the union’s advice on the ‘Use of CCTV in Disciplinary Cases’ booklet is available to view on the RMT website.

Best wishes.
 
Mick Cash
General Secretary