Anpr data used in disciplinary

[Jones100]

I've been put on a disciplinary by my employer.
They have found discrepancies on some of my time sheets.
this information was obtained by data from the ANPR camera that is at the gate house on the private estate/site, where my company is located.
(my company is one of many on the site)

My question is, was it legal for the site owners to freely give that information to my employer.

To be clear, I have never been informed that the information could be used in this way. Nor have I signed any paper work.

I have read elsewhere that ANPR data is covered by the data protection act.

Any help much appreciated.

[ULA]

Not sure if you have come across this document but it may help.

https://ico.org.uk/media/for-organis...f-practice.pdf

[Jones100]

Bit more info. As the mention of disciplinary in my last post might of been a bit misleading. (I haven't actually had a disciplinary meeting yet).
So I'll start again.

Fri. 23/4 (approx. 13:30) I was asked by my Manager if I could "have a quick chat" at 2pm. To which I agreed.

I walked into the meeting room, (followed by my manager)to find a lap top on the desk with a lady 'Live' on the screen.
It was told to me that the lady was someone from HR and she would be taking notes.

Allegations were then put to me:
1) Falsifying time sheets.
2) unauthorised attendance.

exact times were read out of me entering the site.(from what source, I was not told or shown) clearly obtained from the ANPR camera on the site entrance. (Please see original post)

There were some discrepancies there, to which I acknowledged.
(even though I do not agree the way the data was obtained)
I explained that I was taking strong painkillers for a ongoing back complaint (caused by work injury)
and they were affecting my mind/ memory.
he implied he didn't know, when i explained I'd told him exactly what i was taking, he back tracked and said it was for the benefit of HR (On lap top)


The second (unauthorised attendance) was a date given to me in which the ANPR Camera recorded me entering the site on a Sunday. I remembered the date as I had my M.O.T on the monday and had gone in to jet wash my car.
My Manager asked why I didn't let him know?
my reply was I genuinely didn't think it relevant.

I am the Yard Foreman, so obviously have keys.
My manager has been aware on numerous occasions when I have been in without letting him know.
Ironically I went in one sunday (as my drain at home was blocked) to get my drain rods, an he was there jet washing his car/bike. Never has this been an issue or even mentioned.

Just for a bit of back ground info:

* I have been with the company for nearly 15 years.
* I have an exemplary record (both conduct & performance)
* My current manager is the sixth one I've had.

I have never had any issues with other managers, but recently (after he tried to cover up another of his mistakes by blaming me, I told him what I thought of him.

This is clearly a vindictive 'Witch Hunt' on his part.

never was I made aware of any other employees times being checked the way mine was.
I think the only way he could have done this is to imply the Sunday visit was some sort of 'security issue',
(thus he couldn't of said that about everyone)
I feel ive been singled out.

I have been made aware (since my original post) by a friend that asked the security guys for ANPR data that they would only give that out in extreme cases.
eg accident, or if police were involved.
So I'm worried what he's (made up) said to obtain such data?

There is also a colleague (in the office) who told him very similar things to me.
(he doesn't trust him, he drops other employees in it to cover up his mistakes)
he is now on a disciplinary. I feel this is relevant as it shows that he takes things personally, and is vindictive with it.

As a side note, I had an accident at work some years ago, which i have recently been told (by a private Chiropractor & by NHS by way of MRI scan results) that it has caused long lasting damage.
I'm starting to wonder weather its a way of easily disposing of me, from fear of repercussions.

After leaving the meeting on fri 23/4 I was told by my manager he would call me later.
he called and told me I've been suspended (due to the seriousness of the allegations)
he said I would get something in writing.

On Monday 26 I called him to tell him I needed some medical documents I'd left in my office.
these are receipts from my Chiropractor ( He was fully aware of what they were)
During the conversation he said I could collect them when I come in on Wednesday (28/4) as the investigation had finished and that was when I was due to have the 'disciplinary meeting'.
I told him I was not in a position to attend as I had been signed off by the Doctor (my ongoing bad back & stess).


To sum up, my main concerns are:

* The ANPR data being used, and under what grounds?

* Why just my ANPR data? (Singled out?)

*The way it's been handled, no contact from HR, Only from my manager. I'm worried he will be judge, Jury and executioner.

* The fact i was called into the office, while on painkillers, and interrogated.

*My on going 'back complaint' (from accident at work)
are they looking to get rid of me?



Apologies for length of post, any help/advice on any of the areas much appreciated.
The 'not knowing'/ worry has actually mad me quite unwell.

[ULA]

So at the moment you have not been asked to attend a disciplainary hearing. If this does happen the company needs to formally write to you setting out the allegations and providing all the documentary evidence they are going to rely on, which in this case may be the ANPR data. In addition they should give you the right to be accompanied and details what may be the outcome, if any disciplinary action were to be taken.

You will need to use the time between getting the notification and the date of the meeting to prepare your defence and part of that may well be whether the ANPR data is being used appropriately and potentially in line with any policies on the usage of such data.

In my opinion as the manager carried out the investigation they should not be the person carrying out the disciplainary meeting to allow for a fair and reasonable disciplinary process to take place.

If there was no previous knowledge that you were on painkillers until you told them at the meeting then your employer would not have been in a position to approach the issue differently.

What has your sickness record been like since the accident at work?

Are you making a personal injury claim against your employer if it was an accident at work?

[Jones100]

My manager has known for some time about my back complaint, and has been fully aware of pain killers I've been taking.
I was put forward to occupational health, but only after I told him my back was injured through an accident at work.
(He was not working for the company at time of accident)

My sickness is minimal, there has been many times where I've known I've not been fit to work, but due to my Manager putting other staff on disciplinaries (due to sickness) I have felt pressured to go in.

to sum up, I'm stuck in a bit of a rut, the NHS is dealing with it very slowly with a covid related back log.
I'm relying on heavy pain killer use to get me through the working day.

I have not put a claim in.......yet.

But it is my belief that they envisage it coming, and could be looking to get me out by any means.

He/ they cant 'get me' on my sickness record,as its minimal (were talking approx. 4 weeks in nearly 15 years)
or my performance as its exemplary.

[ULA]

Have you had your meeting with Occ Health yet?

If not and it has been a while since this was put forward then I suggest you speak to HR and get it chased up.

[Jones100]

I have a phone meeting with occ. Health on monday 17 may.

I recieved the letter explaining I have been suspended.
this did not state the allegations that we're put to me on fri 23 april.

The previous letter just stated that my time off thus far has been recorded as sick, and the report from occ. Health is to determine weather I am fit enough to attend a 'Formal meeting'.

On a side note.
After emailing the company that own the ANPR system, (asking why they gave the info. To my employer)
it turns out my number plate was given to them by my employer an asked for 'comings and goings.'

can they do this?

* I have never been informed by my company that this information would be used in this way.

* as my number plate is classed as 'personal information' should my employer have given it out?