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PRIVATE INVESTIGATOR - COVERT MONITORING IN THE WORK PLACE |
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As an employer or as an employee, surveillance in the workplace is a matter of concern for all. We examine some of the issues and legislation surrounding legitimate monitoring. |
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Monitoring may take the form of physical surveillance, e-mail, internet, voicemail and telephone surveillance which has been designed to protect against breaches of "acceptable use". There is also the right (subject to employment contract) to check email and voicemail if an employee is away due to sickness, or to video monitor in order to ensure compliance with health and safety regulations. |
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Covert Monitoring - whether through "physical" surveillance or the use of secret cameras - can be justified if there is a genuine suspicion that an offence is being committed or an authorised investigation is being undertaken. It should only be undertaken as part of a specific investigation and should cease once the investigation is complete. |
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Video Monitoring in the workplace is viewed by the authorities as controversial and intrusive; the Government therefore stipulates that information such as the location of cameras and the extent of monitoring should be made known to employees; also that cameras should only be located in places where the expectation of privacy is low |
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Employers have a duty to produce a policy on the use of electronic systems which clearly defines what is acceptable usage and what is not. Employers may be permitted to open emails in an employee's absence, but where the content is obviously private, monitoring should be avoided unless it constitutes an abuse of email policy |
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Employees should be informed. They have a right to information on why monitoring is taking place, when and where it will take place and what the information gathered will be used for. If information is being used to improve standards then employees have a right to know what such standards are. If it is for a specific investigation then they should be informed once the investigation is concluded |
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Private Detectives featured in BBC documentary investigating an errant employee moonlighting as a chef - click here for whole article |
