How technology can be used to assist employers in gathering evidence

Alan Lewis, partner at Constantine has commented for People Management magazine on a recent employment tribunal case concerning a railway worker who was dismissed for deliberately lowering a crossing barrier onto a car.

The London South employment tribunal ruled that the worker was not unfairly dismissed, as he claimed. CCTV footage from the crossing had showed a car being hit by the barrier. 

Alan Lewis said the ruling highlighted how technology could be used to assist employers in gathering evidence for disciplinary investigations. 

“Employers should look at what technology they have at their disposal, as things like CCTV or digital records can make things very clear to investigators,” Lewis said. “You might also have to consider that you may need to get an outside forensic expert in to look at your tech, enhance any images you want to use as evidence or even recover deleted files which could help the investigation.”

He added that employers should ensure employees, especially those who are being recorded by CCTV, were aware they were being recorded and inform them of any personal data being collected. 

See the full article by Maggie Baska in People Management magazine.