Pet camera filmed heating engineer

[Petcam]

Hi
I would like to know if the following example can be considered an act of gross misconduct:

I left a heating engineer alone in my house to fix the boiler in the hall. 5 mins after I left the house. He went into my bedroom, crawled along the floor to my bedside drawers and spent an uncomfortably long time looking through my personal possessions.
when he spotted the camera he left things alone and exited the room. One hour later he re-entered my bedroom, muttering that he was looking for a phone charger, went back to the drawers, unplugged the camera then plugged it back in 10 mins later.

His employer has written to me to say the engineer has now had a disciplinary hearing and the outcome is that he remains employed by the company but his role and responsibilities have apparently changed (although I’ve seen him out and about in the company van).

I’m not happy with the decision and any thoughts would be welcome as to how I should respond to the employer please.

[ostell]

Can you keep it to one thread please. Delete one thread or the other

[Petcam]

Trying to, don’t know how. Sorry

[des8]

My thoughts are that there is little you can do directly to persuade the company to take more serious measures against this engineer.

You could possibly inform the company that you are considering initiating a claim against the company for aggravated damages following trespass.
It might push the company to implement further action, although you don't know fully what action has been taken'
Driving their van doesn't indicate much either way
This action would be debatable and is put forward in the hope it sparks ideas from other beagles

[Petcam]

Thank you. Not sure I want to pursue but to make an informed appropriate response. The employer used language in his letter to me such as ‘disappointed’ whereas I was hoping he would be ‘appalled’. I showed the employer the video and his immediate reaction was one of shock and he said that his employees actions were no misunderstanding..now it would seem he’s changed his mind.

[des8]

In your first post you said you were unhappy with the way in which the employer had acted ie disciplinary and an apparent change in employees role and responsibilities.
Do you know what those changes were?

Now you imply you are unhappy with the response to you.

I was suggesting the threat that you would initiate court action might produce a stronger reaction, not that you should actually take action.
Perhaps though you need to work out what steps you would like the employer to take, altho' firstly you need to find out exactly what action they have taken.

[ULA]

I can appreciate your view in regard to the conduct of the heating engineer in your home however, I have to say, that I am surprised the heating engineer's employer gave you as much information as they did about what action they have taken against the individual. In my opinion what has been divulged is confidential information between the company and their employee and could even be seen by the employee concerned as a breach of trust and confidence which is an implied term of any employment contract.

My opinion would be that all you do now in response is to seek assurances from the company that if you require the need for a heating engineer in the future that it is noted on your records that this individual should not be sent to deal with your issue.

[Petcam]

Hi DES8
oh I see what you mean...good idea

[Petcam]

Hi Ula, thank you
now you mention breach of trust, I’m guessing this can also apply to the employee’s actions in my house?

[des8]

Of course another consideration is that as a disciplinary has already been held, and action taken it might not be possible for the employer to revisit the matter (? Ula }

Also what outcome would you be looking for? loss of job, but would that impinge on a (young) family?

[Petcam]

Hi DES8
no the company have not said what the changes to his role and responsibilities are

[Petcam]

Hi DES8
yes I think the chap has a young family.
The employer shared with me that his circumstances weren’t great and this couldn’t have come at a worse time for him, so mitigating circumstances? Or a reason to go rooting through someone’s belongings in the hope of finding something of value if your short of cash?
what is worrying is the video leaves you feeling that he may have done this before although clearly I can’t prove this.
Any other thoughts are welcome, this is helping me look at it with a more balanced view.
i was so tempted to share the video on Facebook but haven’t don’t this. I have showed (not shared) the video with family and close friends and they all react in the same way. Even when I first showed the video to the employer (hoping it was a misunderstanding)he reacted with ‘that’s no misunderstanding’. He seems to have changed his tune

[Petcam]

Yes I was thinking loss of job...not so sure now

[wales01man]

Hi DES8
no the company have not said what the changes to his role and responsibilities are

As disgusted with his behaviour as you are but apart from him losing his job not much more can you expect Quality heating engineers are hard to find if he is such he would have no problem getting another job at least this company hopefully can keep him from doing the same again

[des8]

Certainly I would advise against publicising the video.... naming and shaming might sound good but it is an avenue fraught with problems.

I think all right minded peeps would react adversely if they knew a tradesman had breached trust, but one must be aware that punishment has to be proportionate and consider the affect on innocent third parties.

I assume you will possibly not use this firm again, and I think your only action can be against the firm. it would probably not be worth initiating action against the individual if his circumstances are straitened