Gross misconduct

[CarlyCC]

I am being investigated for a alledge comment I was suppose to of said at work. I know very well I did not say this and it is two against 1. I have found cctv proof at our works that can prove my innocence. WhT is the law around GDPR? Can I use.my phone to take photo of cctv as evidence??

[Retromau5]

Unfortunately, I feel your pain. Two against one means that on the balance of probably, your employer could say that it is reasonable to believe that it is more likely to have occurred that not, and that's not a good position to be in. Taking photos of the CCTV is a very challenging area to look at, do you have access to it as part of your duties? Are there others in the picture who could object to you taking unauthorised pictures of them? Are you in a position to raise the existence of the evidence with HR? Document everything with emails, say things like "I believe the CCTV footage will prove my innocence", this way you'll be in a better position to stay the right side of things.

[PallasAthena]

Does the CCTV at your workplace record what people are saying? If not how would the CCTV provide evidence to show what comment you did or didn't make?

I agree with retromaus that the best way to avoid any GDPR problems for yourself is to ask the employer to reveiw the CCTV as part of their investigation.

[PallasAthena]

Another thought about the CCTV CarlyCC

Are you authorised to view the workplace CCTV? And if you do have that authority are you allowed to take copies of CCTV images, store them on your personal phone and remove them from the premises?

Unless the answer to both those is yes you would be best advised not to mention to your employer that you have viewed the CCTV. Because then you could be facing an additional Gross Misconduct disciplinary allegation for unauthorised access to the company's CCTV system (which might also be a crime under the Computer Misuse Act).

[tesla6518]

You can request that they supply you a copy of the CCTV under a SAR's request. I would suggest you read the information from the ICO website first

https://www.gov.uk/request-cctv-footage-of-yourself