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Original poster

Tracking employees

87 replies

backaftera2yearbreak · 20/09/2018 20:24

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?

OP posts:
shakeyourcaboose · 20/09/2018 21:06

Is it home care or something? A member of a gym class of mine works in this and is constantly getting calls from work to cover shifts all over!

Original poster
backaftera2yearbreak · 20/09/2018 21:06

It’s not quite that simple. I believe your employer can give you notice of a change of terms and conditions. You either sign it or your out the door!

OP posts:
HoleyCoMoley · 20/09/2018 21:10

Is it overtime or on call, is it the emergency services or nhs. Was there any consultation with staff and unions. Even if they want to introduce this what's to stop someone just putting the work phone in a drawer at home, going out and saying they were home all day, it's nonsense, how can you track someone. On call is different.

Iizzyb · 20/09/2018 21:12

I think not at all cf's

Reasonable expectation of privacy and right to private life spring to mind as does gdpr.

I think I would ask them to explain how this is necessary data processing in accordance with gdpr data processing principles or to be honest

And I would also say a big fat no

Nightwatch999 · 20/09/2018 21:13

Work device can be left in work whilst on days off, so they can track the phone down to the place of work. Your DN does not have to take work phone home on days off. Problem solved!

dinosaurkisses · 20/09/2018 21:13

If her workplace is unionised it’s not as straightforward as just getting rid because she won’t sign a new contract.

She needs to get on to her union- not just the local rep. What consultation has taken place? Are they aware of the proposals?

HunterHearstHelmsley · 20/09/2018 21:14

I'd turn my work phone off and lock down my WhatsApp settings on my personal phone. That's a step too far.

Nightwatch999 · 20/09/2018 21:15

Hi Dinasaur, as a Paramedic we still have never been tracked like this in our own time! Yes the Ambulance is tracked, and we do cover when short staffed, but never to this extreme! Think they would have trouble on their hands if they pulled this stunt.

Original poster
backaftera2yearbreak · 20/09/2018 21:21

To be clear. Overtime will be compulsory due to change in terms and conditions.

They will not be on call. They will be on days off and tracked to check they are where they say they are if they are unavailable for overtime.

Yes unionised, not emergency devices. Employed by government organisation.

OP posts:
HoleyCoMoley · 20/09/2018 21:27

A contract is only binding.if.both.sides.sign it. If.no.one.signs.then.what can.they.do. they will have no staff. How do they propose tracking.them. Are they giving.everyone a. Company.mobile phone. i don't see how they can install tracking on private phones. There is a process to go through to.change t&c which they should follow. It will be in their website. What do h.r. Say about it.

Original poster
backaftera2yearbreak · 20/09/2018 21:30

Staff can all be replaced! Sad but true.

OP posts:
HunterHearstHelmsley · 20/09/2018 21:33

Well there are fake GPS apps....

Nightwatch999 · 20/09/2018 21:33

Changes in Terms & Conditions still have to be agreed upon by both parties regardless who she works for. It sounds to me like they are trying to bully her by threatening her job if she does not comply ! Tell your DN she will keep getting put on if she does not assert herself now.

OliviaBenson · 20/09/2018 21:34

She needs proper advice. It's not just as simple as mandatory overtime. And tracking, very thin ice.

How long has she worked there for?

SilverHairedCat · 20/09/2018 21:35

So the answer to this is for them to collectively agree amongst themselves (and not tell the bosses) to:
A) not answer the phone to their work / withheld numbers
B) if they do answer a call for any reason / by mistake say "that doesn't work for me / I'm not available / I've been drinking / in still drunk from last night and am unfit to drive or work / I have caring responsibilities / can I call you back (and not call back)"
C) work not a moment longer than the contracted overtime hours in their new contracts

dinosaurkisses · 20/09/2018 21:35

I know, Nightwatch999- I was referring to the overtime, not the tracking.

SilverHairedCat · 20/09/2018 21:36

Oh and never ever commit to where they are when they are called.

What the hell organisation is this?!

civicxx · 20/09/2018 21:39

Absolutely not & they need reporting

mrs2468 · 20/09/2018 21:45

Just don't have the app on the works phone or delete it at the end of a shift and reinstall at the start of the next one.

SwedishEdith · 20/09/2018 21:46

Does Article 8 of the European Convention on Human Rights apply? Right to a private life.

en.wikipedia.org/wiki/Article_8_of_the_European_Convention_on_Human_Rights

I didn't think you could impose a new contract. Wasn't this Jeremy Hunt's problem with the doctor's contract.?

dinosaurkisses · 20/09/2018 21:48

Sounds like an inexperienced manager or resourcing staff who has come up with this as a winning idea without thinking about the ramifications.

bluejelly · 20/09/2018 21:49

This is bonkers

Findingdotty · 20/09/2018 21:51

Switch your location off on either WhatsApp or the whole phone.

cablewable · 20/09/2018 21:56

Unfortunately new flexi contracts especially in supermarkets can request overtime with 24 hours notice. It's wrong in my opinion.

IntentsAndPorpoises · 20/09/2018 21:59

A union is a service you go to when needed. It is a group of staff working collectively. They need to be less concerned about whether it is legal, and more about challenging it collectively.