Gross misconduct?

[Chissy_gringo]

I have a few issues I would like clearing up, as an employer I believe I have the right to check what my employees are doing on company computers? After checking one computer I have found that one employee has been secretly filming another employee and has then been sending the videos in private messages on a social networking site. They didn't have consent from the employee is this against any UK law?

[Tools]

Re: Gross misconduct?

Hi Chissy and welcome to the forum.

On first reading I would agree that the employee has committed an act of gross misconduct however a few questions to make things a little clearer and you will of course have to follow correct procedure to the letter.

What are your company policies around the use of IT equipment and also social media use at work.

What exactly was the nature of the filming, checking work performance, general spying or something more sinister (PM me if you would rather not say openly)

Is the camera connected to your IT systems at all and what were your motives for checking, had a complaint been raised by a member of staff, did you suspect this individual or were you checking all computers

[Tools]

Re: Gross misconduct?

OK after establishing some facts via PM we have the following situation

The person doing the recording had reported their computer as slow/crashing. After a virus scan and further checks a video file was discovered, it was nothing sexual, just general snooping in on conversation. Without getting into too much detail , there are 3 employees involved I will call them 1,2,3.
Employee 1 is in a relation ship with 2's sister. The sister has been phoning 3 at our office ringing our company phone to speak to 3. 1 has since handed their notice in and 2 is filming 3 to find out if anything has happened between 1&3.

[Tools]

Re: Gross misconduct?

What are your own thoughts on the course of action? What action would you like to take?

[teaboy2]

Re: Gross misconduct?

Its still an invasion of privacy since the recording was sent to a third party outside of the workplace, who is not an employee. So its is gross misconduct, question is, do you want to dismiss the employee for it or simply give them a written or final warning. I think best course of action is to give the a Final Warning after you have followed the Disciplinary procedure to the letter that is! And warn them to not spy for their sister again whilst in the work place - Though i doubt they will after being given a final warning!