Microlise in cab system and legal use

[tickymicky]

Can anyone with some legal knowledge,please tell me if the Microlise "Spy in the cab" system,as some call it, can be used in a disciplinary, or does the employer have to rely on the CCTV system that is installed?.Or can the employer use 1 or both systems?
I was on the understanding that the microlise system was to check on drivers standards of driving, not wether they missed part of a route or not.Would using the Microlise system as evidence be a breach of data protection etc?
I am sitting in on a disciplinary with a driver and the manager is using evidence from the microlise system against the driver,rather than using the CCTV footage.I am not clued up on the Microlise system,other than it is a "spy in the cab".
I heard there was an agreement between the management and union that the Microlise system was not to be use din disciplinaries.However,I can't find any written local agreement between both parties, so I assume it was either hearsay or a rumou.r
Any help would be greatly appreciated.

[des8]

Re: Microlise in cab system and legal use

Management can probably use Microlise.
However does driver admit to going off route?
I've done a quick internet search, and it seems that the system is not foolproof.
Have you been given a copy of the Microlise printout so you can examine it in detail, and also the CCTV footage so you can compare.
It would seem to be contrary to natural justice for the employer not to take into account other sources of evidence, and not to allow access to it by the employee.
Others more versed in employment matters should be along soon


http://www.trucknetuk.com/phpBB/view...p?f=2&t=105592

[charitynjw]

Re: Microlise in cab system and legal use

A little more info would be handy.

I'm guessing telematic tracking system, & maybe the vehicle/driver was somewhere other than where he/she was supposed to be?

Or perhaps the vehicle was being driven in a manner not pleasing to the management?

Traffic violation?

In general, in order to discipline, the employer needs a reasonable belief that something has occurred which warrants the proposed disciplinary action, carries out a reasonable investigation & conducts the disciplinary per the firm's procedure, which should reflect that in the ACAS Code of Practice.
Again in general, personal data can be used in a Court or Tribunal......if necessary, the Court can order it. Whether or not it is personal data will depend on whether the person can be identified from the data.
Obviously the existence of some agreement not to use the data should be investigated.