The use of vehicle tracking devices in company vehicles is becoming very prevalent in modern employment relationships. More and more companies are taking advantage of technological advances to protect the security of their vehicles and the company’s associated work equipment. However, the introduction of a vehicle tracking system raises certain concerns in respect of data protection and also the employee’s right to privacy. The recent Labour Court decision of UPC Ireland -v- UNITE (LCR20938) dealt with this very matter and any employers who use such systems should most certainly review the outcome. A Step Too Far or a Commercial Necessity? The Union were of the view that the introduction of a GPS Management Tracker System by the company was a “step too far” and showed a “mistrust by management” of the company’s employees. UPC on the other hand argued that the vehicle management system would allow the company to make speedy decisions without making numerous telephone calls thereby improving the Company's management of its fleet significantly. As such, UPC were of the view that the system was a “commercial necessity” and that they would ensure employee rights to privacy would be respected. Labour Court Decision The Labour Court disagreed with the union’s position and accepted the employer’s rationale for introducing the tracker system. The Court held that the employer was entitled to introduce GPS devices onto its fleet for the express purpose of “obtaining real time information of its deployment and to assist with the efficient allocation of resources”. The Court recommended that the GPS devices be introduced for a trial 12 month period. They also advised that two company representatives and two union representatives meet every 3 months during the trial period to address any issues that may arise. However, the Labour specifically stated that the system could only be used for the explicit purpose of obtaining real time information and allocating resources. This element most certainly suggests that UPC would not be permitted to use vehicle tracker data as evidence in a disciplinary process as that that would fall outside of its explicit purpose. The Labour Court also insisted that respect for employee personal lives be to the fore and that data on personal usage should only be monitored “to record distances travelled and to protect against theft of and other risks to the vehicles”. Tracking Systems in General As per the above decision, it is very important that the employer can clearly show that they have an objective and justifiable reason for introducing a vehicle tracking system. This point was recently reiterated by the Data Protection Commissioner as follows: “The use of vehicle tracking systems involves the collection of personal data as they record the location of the individual in charge of a vehicle at any particular time. An organisation using or considering using such a tracking system must be able to demonstrate that there is a good business reason for such surveillance. The individuals affected must be informed of the surveillance and its purposes. If personal (non-work-related) use of a vehicle is permitted, it should be possible to disable or mask the tracking system outside of working hours.” Setting Traps and Ambushes Employers should also be mindful of the EAT decision in Foran -v- Galen Ltd. (UD 1894/2010) where the EAT awarded an employee €40,000 for unfair dismissal after the employer had secretly and covertly installed a tracking system on their employees’ vehicles. The EAT stated that this behaviour was unfair as the employer “neglected to inform its staff of its covert monitoring policy and opted not to tell the claimant that such an operation was being applied to him. This could be regarded as a breach of trust on behalf on the respondent… Setting traps and ambushes for an employee is inappropriate behaviour for an employer.” Conclusion To conclude, when introducing a vehicle tracking system an employer should comply with the following:
- Have an objective business reason for introducing a vehicle tracker system;
- All employees should be informed of the introduction of the tracking system and the purpose for same;
- The tracking system should not be used outside of this explicit purpose.
If the employer ensures to adhere to the above, they will be in a strong position to defend any challenge to the introduction of a vehicle tracker system. If you have any questions in respect of this article then please do not hesitate to contact our 24 Hour Advice Service on 01 855 5050.
