CAUGHT on camera

C CTV can be an invaluable tool for salon owners. The footage might capture incidents involving clients and staff. It could help resolve complaints, identify thefts, enhance security or prevent incidents occurring. The situation becomes much more complicated, however, if the employer wishes to secretly monitor employees on CCTV. It is normally a legal requirement for the employee to know they are being monitored in advance and the reason for it. Other than CCTV, monitoring can include bag searches and checking emails or internet activity. To begin with, you should have a clause in your contracts allowing such monitoring and a right to search employees.

Is there a thief at work?

Sadly, thefts can occur in any business; it is disturbing when the culprit is an employee. When thefts occur, the employer has a number of options.

Sometimes just an announcement to staff that products, money or something else has gone missing is sufficient for the thefts to stop. The employer might give the message that if there is another theft then the police will be called. Another route is to interview all the staff to determine what, if anything, they know or suspect. This can be very informative, although it may not enable the employer to find out who the thief was.

In some circumstances, the salon owner might decide that products or notes be marked and that a bag search will be conducted as soon as something goes missing. If this works, and the thief is identified, then you follow your disciplinary procedure to suspend and dismiss the employee.

But what if you don’t find the culprit and the thefts continue? In exceptional circumstances, the employer might decide secret monitoring is the only option. It’s clearly a tough decision for the salon owner. If they tell staff they have discovered thefts and cameras are being installed then their cover is blown. If they don’t tell the staff, they may uncover the thefts but then be challenged about the secret monitoring.

There isn’t a right answer and there are many factors to consider. It often depends on the owner’s personal viewpoint. How much do they want to catch and dismiss the thief? A recent case suggested that secret monitoring might be acceptable if:

• the employer had a reasonable suspicion that staff were stealing

• the monitoring only lasted until the thief was caught

• the footage was viewed only to catch the thief and only by one or two senior individuals.

How many employees caught on camera stealing would then make a claim against the employer for secretly monitoring them? You might imagine not many, but it only takes one to cause the employer potential serious embarrassment and a lot of work, so awareness of the risks is important. In simple terms, an employee could claim:

• a breach of data protection

• a breach of human rights

• undermining an employee’s trust and confidence in their employer.

A checklist for employers using CCTV

Every case may differ but the following are basic principles for consideration:

• Ensure the CCTV is targeted at areas of particular risk and confined to areas where expectations of privacy are low. It’s hard to think of a circumstance where CCTV would be appropriate in a salon treatment room

• Consult with employees prior to the introduction of the CCTV

• Inform them of the extent and nature of the CCTV and the reason for it

• Consider drafting data protection policies relating to the use of CCTV cameras

• Consider putting prominent signage in areas where CCTV cameras are installed

• Don’t forget GDPR. Any personal data collected must be used and kept only to fulfil its original purpose, and a GDPR-compliant notice must be prominently displayed.

Can employees make recordings?

This issue is often ignored by salon owners but is just as common. It’s always a good idea to have a third party taking notes at a disciplinary hearing. Many employers agree to record the hearing and have the tape typed up to avoid potential conflict. This takes away any need for the employee to secretly record on their phone. But what about general discussions with staff? A guideline would be not to say anything you wouldn’t be happy to have repeated.

What if an employee makes a secret recording and uses it against the employer at a later stage? You can imagine where there is a difference of opinion how embarrassing it could be.

Let’s look at an actual case: during her unfair dismissal hearing, an employee disclosed that she had made a secret recording when talking to a manager. The employee won her claim but the employer appealed and argued that her pay out should have been reduced to reflect her conduct (the secret recording) before she was dismissed.

In this case, the tribunal had found that the employee had not recorded the meeting to entrap her employer, there was no confidential information involved and other people were not discussed. There had been no breach of the implied term of trust and confidence between employer and employee.

The appeal wasn’t successful; however, the tribunal recognised that it is good practice for an employee or employer to say if there is any intention to record a meeting, and it is generally misconduct not to do so, except in the most pressing of circumstances. PB

David Wright is a consultant in all aspects of employment practice and law. He is the main employment law consultant for Habia and provides a personalised support service for UK salons. 01302 355372 davidwrightpersonnel.co.uk