Call monitoring in work

[Annie28]

My company records all calls for quality and training purposes however I rang a colleague using an internal line and told her I was calling in sick the next day I've now been told I face disciplinary action I was asked if I said this (prior to being told it was recorded) and confirmed I had. I deem the conversation to be private so can they use this against me even though I never denied it anyway ?

[Amethyst]

Re: Call monitoring in work

Is there something in your staff handbook about internal calls being recorded as well as external ones?

Were you feeling unwell before you called your colleague to say you would be sick tomorrow ? ( hoping it wasn't a 'footballs on tonight so I'll have the day off tomorrow' type thing )

[Annie28]

Re: Call monitoring in work

Is there something in your staff handbook about internal calls being recorded as well as external ones?

Were you feeling unwell before you called your colleague to say you would be sick tomorrow ? ( hoping it wasn't a 'footballs on tonight so I'll have the day off tomorrow' type thing )

There's not even anything in the handbook or on the intranet stating calls are recorded I know they are as I've listened in 1-2-1 when checking I've done/said what I'm supposed to
I was asked in my back to work if I said this and said yes immediately (didn't know then they'd listened ) and yes I'd said beforehand I'd had a tension headache and why am I at work
By they way I have an exemplary sick record about 2 days in 2 years

[R0b]

Re: Call monitoring in work

It sounds like they may be jumping the gun and think you are pulling a sickie as you don't want to go into work. Have they given a reason why you want disciplined? If you genuinely did not feel well then I am not sure they have valid grounds for disciplinary. If they do say that you were going to call in sick when you were not, then you should ask them to provide evidence as to how they have come to that conclusion. Saying you are going to call in sick does not mean you are not genuinely feeling unwell.

Do you have anyone to back up your story? You could also have someone in your disciplinary meeting as a witness as to what is said, you should also request a copy of the minutes or notes taken and don't sign something you are not happy with. You could also use your sick record as an example of someone who is always at work and this is not an excuse to get out of work.

As for listening into the calls, my opinion is that they can and without your permission as there was a recent European court case relating to emails and messages where it was held that if those private messages or emails were sent on company devices, they have a right to look at them if they were sent during working hours.

I would expect that this will extend to telephone calls too, and the fact that you were aware calls were recorded you ought to have been a bit more careful!

[Annie28]

Re: Call monitoring in work

Yes I do have witnesses and have no concerns I actually did anything wrong my main gripe now is my right to privacy under article 8 and the fact no where does it say they can listen to internal calls much less use them against me

[R0b]

Re: Call monitoring in work

whilst that European case did have some kind of policy about using work equipment during work hours and that there is nothing in your policies, ultimately it is still the company equipment you used to make the call, and you were also aware that calls were being recorded and monitored. If they have reasonable suspicion that you were looking 'skive' that day and the discussion related to work, overall I think you might struggle under Article 8.

The ICO Employment Codes of Practice was done in 2005 which is before the European Case, but the European case is simply a restatement of the law. If you go to page 52 of the supplementary guidance that gives a bit more information on video and audio monitoring -> https://ico.org.uk/media/for-organis...y_guidance.pdf

The main argument from your employer here is that despite a specific policy in place, you were fully aware that calls are recorded and monitored, presumably for training purposes and as you have freely admitted then you did so on the employers equipment. The crux of the argument will really be, at the time of the monitoring and listening to the call, were you aware that calls were being recorded and the reasons for doing so? From the current information provided it would suggest that you were.

Ideally the business should have policies in place about call recording and monitoring and as you say in the handbook or intranet but it would be up to you to prove that they breached Article 8. In light of the European case, it might be difficult.

[Annie28]

Re: Call monitoring in work

Thanks I did read something that said they can listen to calls but must cease if a personal call I'll have to wait and see what their next step is

[Annie28]

Re: Call monitoring in work

This has now proceeded to the first stage disciplinary even though they have admitted they do not have a monitoring policy, does the absence of one mean they can do as they pleas ?

[charitynjw]

Re: Call monitoring in work

Is the disciplinary for misuse of equipment, or is it for the day off?

If the latter, http://legalbeagles.info/forums/show...972#post664972 post #20 may help.

[Openlaw15]

Re: Call monitoring in work

whilst that European case did have some kind of policy about using work equipment during work hours and that there is nothing in your policies, ultimately it is still the company equipment you used to make the call, and you were also aware that calls were being recorded and monitored. If they have reasonable suspicion that you were looking 'skive' that day and the discussion related to work, overall I think you might struggle under Article 8.

The ICO Employment Codes of Practice was done in 2005 which is before the European Case, but the European case is simply a restatement of the law. If you go to page 52 of the supplementary guidance that gives a bit more information on video and audio monitoring -> https://ico.org.uk/media/for-organis...y_guidance.pdf

The main argument from your employer here is that despite a specific policy in place, you were fully aware that calls are recorded and monitored, presumably for training purposes and as you have freely admitted then you did so on the employers equipment. The crux of the argument will really be, at the time of the monitoring and listening to the call, were you aware that calls were being recorded and the reasons for doing so? From the current information provided it would suggest that you were.

Ideally the business should have policies in place about call recording and monitoring and as you say in the handbook or intranet but it would be up to you to prove that they breached Article 8. In light of the European case, it might be difficult.

It seems rather harsh to face a disciplinary for calling a colleague to say you're going to be sick the following day. You could say the following depending on what was said in the conversation. Could you for instance say you wanted their advice on the matter, or to arrange cover whilst your were absent. Was your sickness genuine or did you just want a day off? In terms of the right to privacy, there is a wide difference between emails and telephone calls as per the human rights' case. The company records calls to improve call quality, not to spy on its own workers. I do think this is potentially invasion of privacy but your employer may have justifiable reasons to interfere with that privacy.

[Annie28]

Re: Call monitoring in work

Hi yes I was genuinely sick and the colleague I rang would be the only person affected by my absence.
They have confirmed they have no policy and that calls are monitored to ensure we are asking for money ( it's kind of credit control role ) and giving good customer service and adhering to DP
At no time was i told internal calls between colleagues can be intercepted too .
I knew this was possible of course as the system records everything but also clearly shows number and duration of call and whether incoming or outgoing so therefore couldn't be stumbled up and I have not given them any reason to listen or investigate

[Openlaw15]

Re: Call monitoring in work

Hi yes I was genuinely sick and the colleague I rang would be the only person affected by my absence.
They have confirmed they have no policy and that calls are monitored to ensure we are asking for money ( it's kind of credit control role ) and giving good customer service and adhering to DP
At no time was i told internal calls between colleagues can be intercepted too .
I knew this was possible of course as the system records everything but also clearly shows number and duration of call and whether incoming or outgoing so therefore couldn't be stumbled up and I have not given them any reason to listen or investigate

You knew you would be ill the following day so - to benefit your employer's business in terms of avoiding employee 'down-time' - you simply made a call to your colleague to arrange cover for your absence. So, say this as your defence but mention that you were mindful of the employer's business that day. What have you said thus far as your defence?

[wales01man]

Re: Call monitoring in work

If you knew you were going to call sick because you were ill that day why did you not tell your Manager verbally or in an email ?