Tracking employees

[backaftera2yearbreak]

Wats app has a new feature that shows you someone’s location. My nieces work want to use this feature to see where they are on there days off. This is in case they need them to work overtime. That way the employees could not lie about there where abouts and be made to come in. Is this in any way legal?

My first instinct is to say it's definitely not legal. I can't think of any reason why her employer would begin to imagine that was reasonable! I know people are always talking about GDPR but location data will be classed as personal data.

Is this on a work device?

If not I would not liaise with my employer via WhatsApp. If they need me they can call. (in reality I am also OK with texts but would not be OK with expectation of instant reply)

It may be on a work device.

How on Earth can that be legal? And how can they be 'made' to do overtime? What business is it of their's where their employees are outside of working hours?

Contact ACAS, is it in their contract that they have to agree to be called on their days off and must come in to do overtime.

Overtime can be mandatory. That I know. This tracking thing has pushed my neice over the edge though!

Is this the police?

Why is the work device on when she is on a day off? Turn off the phone and turn off location on WhatsApp!

Ludicrous. How much forced overtime is she being asked to to and how does that fit into the working time directive?

Not police no. It comes down to this. They often need people to do overtime. People say they are away/in holidy/mini break. They want to ensure people are not lying by checking the location.

Is she a union member?

If it's not the police then tell them to get to fuck. Not legal, no.

Yes. She’s in a union. I’m trying to find out if this is legal as they don’t seem to be doing much!

If its not in their contract to do compulsory overtime then it's none of their business why people can't do it. Id just say no sorry can't do it, leave it at that, turn phone and location off.

ACAS have a site headed overtime, it tells you what the rules are. Are the managers going to be tracked when they are asked to do overtime, come in to cover emergencies and all the other things they are responsible for.

No, they are on very thin ice. They're perfectly entitled to turn off their work devices when they're not working.

It's all very bizarre.

I cant imagine their contract can force them to keep their phones on (unless they are being paid something for being on call). Switch off the work phone when off duty. Easy peasy.

We’ve been discussing this at my workplace & came up with the solution that we need to pay a retainer to be on call.

100% not legal if a private phone. If a phone is provided by work then they can track where their devise is (they own the devise after all).
It is very invasive and I'd question who has this information on where the employee is at the time? Very creepy.
They cannot bribe a member of staff to come to work in their private time though. They cannot force anyone to work overtime. If this is the way the company is going about things your niece needs to speak to a union and consider getting a new job. To be fair she shouldn't be using a company phone on private time though. That could be a whole different date breach depending on job role.

She needs to check if any of this is in her contract.

Even if they are at home there are plenty of situations where they could reasonably say they can’t work - childcare, workmen in the house, guests. Surely no job can make you do overtime on the actual day without notice?

Compulsory overtime can be written into a contract. It’s about to be written in. It’s the tracking on a device that’s bothering me.

I ran this past DH - work in industrial relations. He said

• Unless she works in essential services like police or paramedic etc, overtime can’t be forced. If overtime is truly mandatory, it’ll be stated in her contract.
• The employer can install whatever programs or tracking devices on a work phone, but outside of her contracted hours there’s no obligation for her to keep it switched on UNLESS she’s on an On Call rota, in which case she should be being paid a premium rate.

We’re in Ireland where labour laws differ, but the overtime stuff is v similar

How does anyone have a life with compulsory overtime? What if you’re having a day looking after your child? Do people just have childcare ready in case they get called in? How does anyone ever do anything without at least some notice of having to work?

Right. So the can install it on a work device which she is not at liberty to keep on her unless she is on an on call rota? I appreciate all the input!

Has her union not been involved in these proposed changes to her contract?

She can just not sign it and the overtime wouldn’t be enforced.