I am the HR officer for a transport company and we’ve received a complaint of a serious nature about one of our drivers. The complainant has indicated that they were a passenger in a car that was being cut up and harrassed by our driver in a company vehicle, and has recorded mobile footage. The complainant has threatened to post this on Utube if we don’t deal with the situation, they have given us 14 days.
My question is, if the complainant is willing to provide us with a copy of the footage, are we able to use this in the investigation? My concern relates to Data Protection Act and Human Rights Act and whether we would be in any breach.
The driver in question is a union rep and I want to make sure that we’re as prepared as possible to manage this investigation correctly.