Unauthorised photography within my home and sharing of the photographs

[Changerofthename1]

I found out that a contractor has taken photographs of the inside of my home that I did not authorise, one of them has got my child in the corner I’m fucking furious about. Obviously it’s gone from one employees phone to another and then it’s been forwarded onto who is thinks is me but actually I’m using an email address that isn’t the one that he would have on my contract if that makes sense so I think he’s on thin ice with that.

This can’t be legal surely ?

OP, can you just give straight answers, please?

1. What was the reason they gave you for not being able to do the work on the day they arrived?

2. Can you explain the email issue? How did they send you a picture on an email address they didn’t know was yours?

No, because a photo of something with your child in the background, doesn't constitute as your private data. It wouldn't fall under the 'sensitive data' umbrella that the ICO would concern themselves with.

But liking the random bra on floor / now in a photo stories

Sorry, but earlier you say:

The work they were doing was from the hallway to the lounge through to the kitchen.

But now:

They were being lead from the front of the house to the back of the house where they were expected to work. I turned around and they were no longer behind me they were busy snapping my house which I did not realise until I was sent through the photographs.

They had work to do in the lounge. Your child was in the lounge.

it wouldn’t of mattered whether the child was there for 10 minutes or the whole of the day they were perfectly able to work at the back of the house whilst the child was at the front no matter what the time frame.

Well, yes if their insurance doesn't allow them to carry out any work with a minor on the premises, it matters not where your son is. He's there. So they can't work.

That's what I don't understand.

I'm wondering if the house is a mess, hence the OP not wanting to say and is embarrassed that people have taken photo's of it but using the child as an excuse.

I need to know what was being done to your house for a £5,000 deposit? A small extension? A porch? A new kitchen? New windows?
We've had a lot of contractors in our house the past few years and it's pretty standard for them to come in the house, check out what needs doing, then go back to their van for tools, supplies, etc. I expect that's what your contractor did but didn't return with anything after realising he couldn't do the job.

You seem disproportionately angry but I’m wondering if there’s something you haven’t mentioned?

My father was a very dangerous mam so I never gave permission for our children to be photographed or their names to be printed anywhere. I would expect someone to ask permission to take photos in my home, too. No-one knows your circumstances so it’s rude not to.

Why won't you just say what the problem was OP? It's infuriating.😆

Still as clear as mud.

The reason is, her child was home. They can't work with a child on the premises.

as the legal owner of these materials they should be in my possession having paid for them.

That's not how building works usually work.

What does your contract with them say re materials?

@TwinsAndTiramisu my expectation was that they would start at the back of the house that’s why they were being led to the back of the house.

There was no logical reason to start in the lounge, obviously I’m no tradie but it would make no sense to begin at the front. You would work your way from back to front. Especially if thats what the customer is requesting.

Are you seriously suggesting that domestic building work can’t be done with children on the premises ?

Nonsense.

What sort of building work can’t be done with a child on the premises though? Usually all you need to do is assure them that you’ll keep the children out of the way.

This.

House is probably an absolute tip and tradesmen refused to work there. DH once walked in to a kitchen covered in blood as they gutted a pig. Tradesmen have the right to refuse to work in certain environments. DH also has the right to leave if people are smoking in the room he’s working in. Just because it’s your home doesn’t mean trades people have to put up with it.

If you were in breach of contract, they don't necessarily have to hand over the materials they have purchased. You owe them for loss of profit. If the lost profit is more than the cost of materials, they are entitled to hold on to the materials and use them for another job in lieu of trying to extract compensation from you.

as the legal owner of these materials they should be in my possession having paid for them.

I imagine if you were having some major work done and on day one or two, they dumped all of the materials for the entire job in your house and garden, then there wouldn't be much space to actually do the work.

You're not a tradie.

They may have a logical reason.

are they claiming the presence of the child is the reason for refusing to do the work or is it something else?

Taking a photo of a person where they can expect privacy, such as inside their home or garden, is likely to cause a breach of privacy laws.

It's not though. Because the photograph was taken in context of the job. It's not a breach of privacy.

Also, did you sign a contract?

Well, that's the reason they've given you, then taken a picture of said child sitting in the lounge as proof. So, it's not nonsense.

It's not common, I give you that. Our builders worked around DS (albeit much older at 10, and understood hazards.) But it must be something like their insurance doesn't cover them with a minor on the premises.

Whether a child can be there on not depends on what you're having done.

When we had work done at the back of the house, the children (very young) were fine in the house while they were effectively working in what was the garden.

On the other hand, knocking down an internal supporting wall, for example, probably not a good idea to have a child in the next room...

Where they start doesn't always make logical sense to a non-builder/tradesperson.

Can you please signpost me to where in her posts the OP actually says "yes it was because of having a child in the house"

I've read it several times and she never actually confirms that by my reading, but then again it's late so I might have missed it!

The child being present was not the reason given and actually the reason given is utterly irrelevant it doesn’t matter that’s what I will discuss at a later date with the judge for retrieving my deposit.

as a separate issue four hours ago we established I’m pissed off that they’ve gone around snapping my child in his own home where he can expect privacy 🙄

What was the reason given for the work not being able to be done? That would tell us why they took the photo, therefore if you have a leg to stand on or not. With half a story people can't give you the correct advice.

Was it something you did? Would it have taken longer than they originally thought? Did it need more manpower than originally thought? We're you previously informed that children couldn't be present while the work was taking place?

I think you are going to have to say what exactly the contractors took a photo of, what work they were supposed to be doing and the reason they said they couldn't as we can't really help you otherwise. Was it literally of just your son or was it the room which showed why they couldn't do the work but which happened to include your son (i.e. there was a sofa and a TV on a stand so they couldn't lay a carpet or paint walls but that your son happened to be sitting on the sofa so was included in the shot, or was it literally a photo of your son saying that because he was in there they couldn't do it?)

I also just can't understand the timeline. As I understand it you let the contractors in the front door and were leading them to the back of the house where the work was to take place. They failed to follow you, which you didn't realise, and they went in to your living room and took a photo of (or which included) your son who was on his own in there and then claimed they couldn't do the work. Why would they take a photo of your living room and /or your son if the work were not to be taking place in there.

Then seemingly without further discussion (did they just leave without saying anything more to you?) sent a photo of this evidence to their boss, who then emailed you on a different email address to the one that was in the contract. Presumably though you must have corresponded with them from this other address in order for them to have it. So presumably they assumed this was perhaps a new email address or perhaps it was just the one they had received something from most recently from so used it.

Any which way, I think unless you are willing to answer poster's questions, people are just going to try and guess and fill in the gaps themselves!