A trade union is an organisation that defends the professional and social interests of its members, often workers or employees, vis-à-vis their employer or other bodies. Trade unions work to improve working conditions, wages and workers’ rights.
They play a crucial role in collective bargaining, strikes and industrial disputes.
In disputes, a union may need to provide evidence for a variety of reasons. However, the following cases generally come up:
- Violations of workers’ rights. In this case, evidence may be needed to prove illegal practices, such as discrimination or harassment.
- Labour disputes. In the case of strikes, proving anti-union practices or breaches of the collective agreement may be crucial in order to fully enjoy workers’ rights and improve the effectiveness of trade union action.
- When contesting professional elections. A trade union may suspect fraud or pressure during professional elections, and may then seek evidence to contest the results.
The controversial example of Amiens
In Amiens, the CGT union at Ametis hired private detectives to monitor members of Force Ouvrière (FO), following suspicions of fraud in the professional elections. These elections, held in November 2023, saw FO win a large majority with 83% of the vote, representing 10 seats out of 12 for a company with fewer than 500 employees. The CGT, contesting this result, called in a private detective to monitor the activities of FO’s elected representatives and look for evidence of pressure on employees. The context is inevitably very tense and must be approached with caution.
The private detective agency commissioned to carry out the surveillance of members of the Force Ouvrière group over the course of a day with the aim of finding evidence. The CGT fully accepts this practice. It believes that members of the opposing union put pressure on employees in order to obtain an overwhelming majority.
The purpose of producing a private investigator’s report is therefore to have the election annulled by providing a body of evidence tending to prove the deception. The shadowing took place on the second day of the election, as the union suspected an attempt at fraud on the part of FO and possible collusion between certain members, due to the introduction of an electronic ballot.
The private investigation report, which is admissible evidence in court, confirms that at least one representative went to the home of another voter. The Force Ouvrière union defended itself by arguing that it was merely giving him luncheon vouchers.
The Force Ouvrière unionist group vigorously contests this practice, which constitutes a disproportionate breach of privacy, as the private detectives followed the union representatives to their homes.
Was hiring a private detective the right solution in this context?
Private investigation is a liberal profession. An agency is free to accept a case or not. The aim is to help a litigant to defend himself in order to provide proof of a prejudice.
However, there are cases in which it is better to act with reflection before accepting a case.
All cases involving senior civil servants, journalists or trade unionists must be carefully analysed or refused by the investigation firm if there is the slightest doubt that the evidence gathered will be misused.
The use of private investigators in trade union disputes is controversial
The intervention of a private investigator is often criticised for its lack of transparency. What’s more, their involvement can cause tension, especially when there is surveillance.
However, using a private investigator is sometimes the only solution that provides legal, fair and concrete evidence.
Is there a legal risk for the client in using a private detective?
If the surveillance carried out by the detectives is deemed to be an invasion of privacy, the client could be taken to court and ordered to pay damages.
Case law shows that an employer was ordered to pay €3,000 in damages for using a private detective who did not respect the privacy of the former employee who was the subject of the investigation.
In this type of case, the image created by the use of a detective can be perceived negatively and used by competitors to discredit the adversary and divert attention from the real problem.
It is therefore very important to use an investigation firm that is used to working in sensitive areas and that will be able to accept or reject a case. The aim is to protect a potential victim, not to add to his or her difficulties.
Our teams of professionals are familiar with the limits of fairness and legality of evidence in order to provide proportionate evidence that can be used in court.
