Security manager who watched CCTV at work was awarded £31,637 after being wrongfully dismissed

Mr Rakib worked for the security company Mitie, and he was contracted to work at BBC Wales from April 2022 till he was dismissed in September 2023. Mr Rakib was accused of breaching data protection rules by reviewing CCTV without holding a valid license. 

Mitie undertook a formal investigation into Mr Rakib’s conduct, during which it was determined that he had provided contradictory information for his actions, resulting in him being dismissed for gross misconduct. Mr Rakib argued that he was “told on multiple occasions that they did not need a license to access the CCTV as they do not download any footage”. 

A security officer at Mitie testified that Mr Rakib admitted to spending 12 hours reviewing CCTV footage in an attempt to identify the individual responsible for the mess in the communal kitchen.

The Tribunal held that Mr Rakib had been unfairly and wrongfully dismissed, and he was awarded £31,367. In its findings, the Tribunal concluded that Mitie’s investigation was inadequate and specifically criticised the regional operations manager failure to properly investigate Mr Rakib’s claim that a licence was not required to view the CCTV footage.

The Tribunal emphasised that, in cases of dismissal for gross misconduct, it is essential for the employer to demonstrate that the employee was aware that their actions could constitute to a dismissible offence, and that disciplinary procedures are applied fairly and consistently throughout the organisation.

As an employer it is important to ensure a formal disciplinary procedure is followed, and a thorough investigation into any alleged misconduct should be conducted to ensure a fair procedure is followed for each case. 

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