NO2ID

Can anyone tell me if my employer has a legal right to enforce a new fingerprint sign-in system? We're only a small business and it's being introduced to stop staff signing in for each other (quite an extreme solution!) I have no objections to putting my fingerprints on file for a passport etc but this seems ridiculous and I'd appreciate knowing if I have a leg to stand on before I hand in my resignation! lol

This is only a guess, but I would expect the answer to lie in your contract of employment; and other than that, they would just have to manage the data in line with the Data Protection Act just like anything else they hold about you.

Thank you But does anyone know if I have the legal right to withhold giving my fingerprints to my employer?

If you contract of employment requires that you provide your fingerprints and you withhold them then you would be in breach of your employment contract in the same way that if your contract of employment states that you have to work certain hours and you don't then you could be subject to disciplinary procedures. What does your contract of employment state (bear in mind that many contracts of employment refer to other employment policies etc).

There's nothing in my contract of employment about fingerprint data, it only states that the company may need to collect "employment related personal data" eg name and address, bank account number and "employment related sensitive data" eg racial and ethnic origin, political opinions, health, criminal convictions.

It also states "No job applicant or employee will be disadvantaged by any conditions or requirements of employment, unless those conditions or requirements can be justified by genuine business needs"

... and ends by saying "The company reserves the right to make reasonable changes to any of your terms and conditions of employment. Notifications of changes will be given to you directly."

I can't say I am surprised there's nothing in the contract about fingerprint data. Many employers make reference to other documents in contracts - staff handbooks; company-wide procedures and processes, such as sickness reporting etc; and other documents which are normally revised in light of changes.

I think it would be difficult to argue that you are being disadvantaged because your employer is requesting fingerprints: how does it put you at a disadvantage, particularly if this is company-wide?

The introduction of the new system could represent a change of terms and conditions to your contract although normally such changes are formally notified as such. It seems more likely that the new system is encompassed by some policies or procedures concerning sign-in processes e.g. that the company requires employees to sign-in and out at the end of the day; that signing in on behalf of another employee is a disciplinary offense and so forth.

Ultimately, if resignation is seriously on the cards for you, I would advocate that you at least discuss this with your employer in a non-confrontational way and if that doesn't address the issue to your satisfaction then, if you are still seriously considering resigning, then contact a solicitor or the citizens advice bureau. If you do discuss this with your employer then you could point out that this likely expensive system could actually be more trouble than it's worth: fingerprint biometrics are fallible; what happens if the system breaks and your employees can't start working; what implications does such a system have in terms of the Data Protection Act; security of what is potentially sensitive data. In other words, raise some fear, uncertainty and doubt.

I will wait and see if I get a formal notification of any changes to my employment contract. I didn't mean I would be disadvantaged by my employer requesting my fingerprints; I meant my employer will use the argument that using the biometric sign-in system "can be justified by genuine business needs" and therefore I would be required to co-operate or face dismissal.

I will certainly take your advice and speak to my employer, also the Citizens Advice Bureau. Thank you for your help!

In the Isle of Man some Primary Schools bought fingerprint scanners for the library systems. They were allowed to use these systems on the condition that alternative systems were available for those children whoses parents did not give their explicit consent for the collection of what is personal and sensitive data.

I would suggest you make an enquiry to the Information Commissioner's Office:

http://www.ico.gov.uk/complaints.aspx

Start with a telephone call.

Let us know how you get on.

Looks like I might have to use that website, as when we arrived at work Thursday evening, we were told by the management that we were to hand over our fingerprint for the new scheme or we wouldn't get our wages paid. Some of the more naive members of staff succumbed to these bullying tactics, but a lot of us refused, as we to date still haven't received any written information about the system, what it will be used for, how it works, security, data protection etc, we've only had word of mouth about it, nothing from the management. I've put all our concerns in a letter to the Manager, and we're still waiting for feedback. Possibly the system is quite secure, but it's unreasonable for them to expect anybody to hand over such private and personal data without being given the full facts and unfair to threaten non-payment of wages and probably even unlawful!

Are you in a Union? They would be the best to speak to about this. The company certainly can't withold wages for refusal to give your prints.

Many companies have anti discriminatory policies (eg religious or polictical beliefs), you could try that.

Emmat72

Have you heard back from your manager or any legal bodies yet? My husband and his colleagues are having the exact same issue at the moment. Just wondering if you had found out where you stand, legally.

Doo

A colleague's laptop allegedly got stolen from an office in my place of work. There were fingerprints on the window I guess. This stupid colleague then asked for my fingerprints and produced an inkpad thing and print pads he got from the police!! As I was new then, i obliged but i was really annoyed, Is this illegal??? I would hope so!

thanks for your opinions

If you consented to your prints being taken then it would be legal.

Whilst the act of taking fingerprints with consent is legal, surely the original act (asking for them) is not?

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THey want me to do this at my work place its only a convient store where i work not M.I.5 and if they are that worried about who is working all they have to do is look at the cameras every where

I work for a transport company who use the system and when they merged wih another company it became a thorny issue with staff from the merging comany however I pointed out to them due to robberies and stock thefts it serves a quick way to eliminate staff as possible suspects, so far as I know it is not a legal requirement as I was given the option to not put my print in and continue using a swipe card however I did so and only two senior staff in each office have access to the information and no external parties can access it with out either person giving access, also it stopped false clocking in by other staff.

Hi, i do not think it is legal,i am now facing the kind of problem,can someone be straight forward and tell us if it is legal or not??

Thank you