Possible discrimination at work and surveillance.

[Thug]

Been in my current job since 2002, prior to this i was working there as a volunteer since 1993.
In 2007 i applied and got a position within another department (same role, same wage, etc) which was very specialist.
In 2015 there was a deselection process where i (along with about 8-10 others) were forced out of this role due to 'cuts' and redeployed in other areas.
In 2018 there was another recruitment drive for the position i held. I applied for it and was unsuccessful in the interview stage (was told i relied upon my experience too much).
In 2019 there was another recruitment drive that i was again unsuccessful in getting (was given to a friend of the interviewer, more 'who you know', not 'what you know').
In August/Sept this year there was yet another recruitment drive where the job specification had a list of 'essential skills' and 'preferred skills'. I had all the essential and most of the preferred (in fact i know i am definitely the most experienced out of all that could have applied). I didn't even get passed the paper sift this time. The interviews and roles was given to people with no experience what so ever.

The application/CV i submitted was the same for all 3 applications, and i know that i was the oldest applicant (I am 52, and most retire at or around 50). I was told that the applications were all anonymous and the applicants were given a number. However, my application shows all my history and experience, making it easy to work out my age and who i am as the interviewer (same person who vetted the applications) was a supervisor of mine (who i had a fall out with) a few years previously. The application had got me through to interview the 2 previous times, but not this third time despite it being a 'cut and paste' of my previous 2 and my vast experience.

Out of the 8-10 that were deselected there is only one other lad (who is less experienced than me) and I who are still redeployed. The other 6 or so have either retired, returned to the post or brought a discrimination case against the employer (and won).

I think i have been discriminated either due to age or personal dislike/bias (i know this is not a protected characteristic).
Do you think i have a case and how would i go about it?

Now in regards to the surveillance side of things.
We use radios at work, and they have GPS built in.
One day my supervisor (and the reasons for our fall out) asked me to come into the office and said that she had been going through my GPS history and found that i had gone home on several occasions whilst at work. I admitted this straight away stating it was to collect lunch, go to the loo or collect medication or parcel deliveries etc. I do work on the road, driving around, and do live in the area i work, so not going out of the way. Each time i spent maybe 2 or 3 minutes there.
I accepted the punishment and have not done this again (despite nothing being wrote in the rule book saying i cant do it).
Is this legal, to check on past GPS history, or would it be against human rights (right to a private life) or GDRP?

[echat11]

Hi Thug

Here's some info on the tracking part -

(Posted for article) https://www.rewiresecurity.co.uk/blo...-tracking-laws

Asked ULA can you please take a look and advise, many thanks.

[Thug]

Thanks so much for your reply.
This is interesting...

The new principles relating to the processing of personal data dictate that personal data shall be:

1- Processed lawfully, fairly and in a transparent manner in relation to the data subject.

2- Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes.

3- Adequate, relevant and limited to what is necessary for relation to the purposes for which they are processed.

4- Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.

5- Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest. Scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organizational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject.

6- Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures.

7- The controller shall be responsible for, and be able to demonstrate compliance with the previous six principles.

so...
In regards to 5, did they keep my data more than what was required (it doesnt actually stipulate a time scale). And was the data used lawfully (rather than a witch hunt).
Our cars have a radio, which have GPS, which i can understand we dont have to consent to, but our personal radios also have GPS which we do have to consent to.

[ULA]

Did you ask for any feedback at the time in regard to why you were not selected?

Did you raise grievances in relation to age discrimination in 2018 and 2019 if you suspected that the reason for you not getting the positions was due to age discrimination?

If not then given that two instances happened back in 2018 and 2019, then raising a grievance now would have to be about the most recent selection process in Aug/Sept, although you could make reference to the fact that you believe this demontrates a pattern of age discrimination, given that you missed out on two previous occasions. I suggest that raising a grievance is your starting point although be careful on how long the process takes as you have 3 months less a day to start the Early Conciliation process via ACAS from the date of the act or acts of discrimination about which you are complaining.

When did the incident happen with regard to the GPS radio?
I presume the GPS history referred to was from your work provided radio?
Does the company have a policy in place in regard to the processing of data from the radio's GPS

[Thug]

The incidents in 2018/2019 i dont believe are age related.
In the 2018 application 3 people who had been deselected in 2015 were given their jobs back, one of which was actually older than i, so i dont think it was due to age that time (just bad luck).
In 2019 the lad who got the post was a similar age (a few years younger), but a friend of the interviewer and the 'independent female' on the panel actually worked with him (he was her boss).

I did ask for feedback and was told i would get it, then was told by recruiting that they dont give feedback for applications (but do for interviews)..

I have raised a grievance on the 2nd Oct, but still waiting for feedback.
I have also enquired about a 'freedom of information' request to see when my name was mentioned in any emails etc, and to see what the other successful applications were like in comparison to mine.

The GPS incident was, i think, 2018, but not sure if before or after GDRP.
It was from a works provided radio.
I have no idea about their policy but can act.

I am also still waiting for the union to get back to me, but its been 2 weeks now.

I feel as though HR are trying to look for loopholes, or seeking legal advice prior to responding.

Out of the 4 people to get the role, 1 is late 20's and been in the job for about 3 years (but ticks characteristics boxes). Another is late 30's, and i have no idea about the other 2 as they have transferred in from another area.

[ULA]

I would suggest that you email the person you sent the grievance to and chase up a respone given they have had this for over 3 weeks.

What you actually want to raise is a DSAR (data subject access request) although the company does have up to a month to respond to the DSAR which may be extended by two further months where necessary, taking into account the complexity and number of the requests. So again you would need to consider the timescales given the deadline if you did want to raise a grievance for age discrimination.

GDPR came into effect on 25 May 2018. If I am understanding correctly that the incident of you being spoken to about this by your manager and the "punishment" happened back in 2018 there is very little you can to about it now. If you were unhappy about the process then you should have raised it at the time