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Trade union responses and agreements on CCTV
[ch 2: pages 15-16]Some reps in the LRD survey reported successes in winning guarantees from employers that cameras would not be aimed at staff or used to monitor their activity.
In 2012, Shropshire Fire and Rescue Service sought to introduce CCTV at their Shrewsbury site following some break-ins to vehicles. The Fire Brigades Union were concerned that images from CCTV might be used as evidence in disciplinary proceedings against members. However, following discussion, a policy statement was agreed stating that should an incident occur and an investigating officer decides that the CCTV footage may assist in that investigation “then it will be viewed in the first instance by a union representative, a management representative and an independent representative to determine if the footage is of relevance to the issue under investigation.” This was later amended so that the independent representative would only be brought in when the union and management representatives could not agree about the use of the footage.
CCTV has also been installed at entertainment and arts venues. An official from the BECTU media and entertainment union explained that when CCTV was installed at an Arts Centre for “security” purposes, the union was consulted on the location of each camera and in drawing up a CCTV policy. The union was able to question various aspects of management plans, and was able to prevent the location of cameras in toilets, and putting audio recording in a central office area heavily used by staff from all departments, as the union suspected its aim was “to eavesdrop on staff conversations.”
BECTU was also able to ensure that management properly followed data protection procedures and prevented them from installing cameras which were pointed at neighbouring residential houses, as well as ensuring correct notices and handling of requests to view recorded footage. Importantly, the union prevented attempts to include a provision in the CCTV policy enabling footage to be used in disciplinary procedures.
Staff perceptions of CCTV are strongly linked to underlying trust (or lack of it) in management. Where there is proper consultation, clarity and agreement as to the purpose of CCTV or the siting of cameras, it is far less likely to engender mistrust. Where such monitoring is introduced without consultation, workplace morale and workforce trust in the employer can be severely undermined. However, where union organisation is strong, a positive change in the employer’s approach can be achieved.
A Unite official referred to a case where an employer installed CCTV without consultation in workplace toilets following instances of graffiti and vandalism.
The union argued that while it could not condone the actions of the workers, it could not accept the installation of CCTV without consultation or prior warning.
The union raised a grievance, making reference to the ICO guidance on CCTV, and a compromise was eventually agreed with the employer that the CCTV would stay in place but that the live feed was removed. The CCTV images would only be viewed if an occurrence of vandalism occurred, and a notice to that effect was then posted in the workplace.
At another company, a Unite member was dismissed due to an incident in a fork lift truck that was recorded by CCTV. The dismissal was overturned at appeal after the Unite official pointed out that CCTV was not signposted in the workplace and that it had been previously agreed that it would not be used for performance purposes. The member was reinstated and a memo was issued on the purposes of CCTV on site.
GMB challenge installation of CCTV at JCB factory
In the summer of 2015, general union GMB threatened to ballot for industrial action at mechanical digger firm JCB in Staffordshire, after management installed 10 CCTV cameras on the shop floor without consulting staff.
The company claimed that the cameras were being installed to monitor health and safety at the factory. However, the union claimed that they were being installed to spy on workers. The union called off its plans for a ballot after the company agreed to withdraw the cameras and consult on the issue.
A JCB spokesperson said that cameras were being “relocated at the suggestion of the GMB” and would “remain inactive until the consultation period has concluded."
The GMB said that the company had agreed to the removal of the cameras “with immediate effect” and that “any further proposed use of safety cameras would only be considered after a period of consultation with both the trade union and the relevant shop floor health and safety committees in the respective areas.”
Installation of cameras would “only be considered to temporarily target areas highlighted by health and safety accident mapping and only be for an agreed limited period of time.”