Law queries

One of my colleagues has been dismissed after 34 years' service. The colleague was off work sick but the company hired an organisation to video his movements. They produced one shot which showed him working up a ladder. The colleague says that this was taken on the day when he returned to work. As he was not due to report until the night shift it was perfectly reasonable that he should have been well enough to go up a ladder on that day. What we want to know is whether we can argue that the employer was acting unlawfully in videoing our colleague.

It may be possible to argue that videoing someone without their knowledge breaches their right to privacy under the Human Rights Act 1998. However, in a recent case the EAT upheld the employer's right to video an employee who was suspected of not being genuinely sick. In view of your member's long service there may be an argument that the employer's actions, in arranging for the video without telling him this could happen or without any genuine grounds for belief that this long-standing employee was not genuinely sick, might be in breach of the implied term of trust and confidence.

* More information: Pendragon Motor Company v Ridge EAT/962/00; LRD booklet, Contracts of employment