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Tel: 01483 423900
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| PRIVATE DETECTIVES Tel: 01483 423900 |
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HUMAN RIGHTS ACT Affecting Privacy in the Workplace |
The Human Rights Act gives employees rights to privacy in the workplace. |
| Monitoring of
Communications OFTEL has issued guidelines on the monitoring of communications in the work place including personal telephone calls, email and internet usage: |
| Contracts of Employment or Employee Handbooks should clearly state that regular monitoring of telephone calls, internet and email will occur. It should be stated that unauthorised use equates to gross misconduct, possibly justifying dismissal; | Employers should provide alternate access to telephones - perhaps payphones - that are certified clear from any form of recording or monitoring | Persons calling into the company, or sending emails in, should be notified that communications may be monitored |
| Surveillance and searches in the Workplace |
| Employees should be made aware if their employer requires rights of search, and that searches or inspections may be made on regular or irregular occasions | Employees should be advised if CCTV cameras are in operation, regardless of the reason for their placement, whether for security, health & safety or protection of employers/employees interests |
| Medical
Testing Issues relating to mandatory testing feature extensively in the act: |
| Employers cannot force medical testing on an employee - the employee's consent is required for it to take place | If the employer wishes to carry out medical testing, this must be stated in the contract of employment, including testing for drugsand alcohol | It should be made clear that abuse of drugs or alcohol is a disciplinary matter, as should the employer's rights to summarily dismiss on the grounds of gross misconduct |
| If an employee consents to testing and the test result is positive, the employer will probably be justified in dismissing on the basis of the employee being a threat to public safety, or to the employer's business; | If an employee does not consent, the employer may still have the right to dismiss if reasonable grounds for suspicion that the employee's behaviour may constitute a similar threat - and of course the employee can not then rely on the fact that they have not been tested as he or she will not have provided consent. |
| These notes constitute a brief outline of ways in which the HRA affects employee relations and possibly the work we do for you. Please contact us if there are implications you would like to discuss. |
 Woolf Report |
 Regulation of Investigatory Powers Act |
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| Answers Investigation have other websites for specialist services and localised service: |
 For enquiries and specialist work in the city visit www.londoncityeye.co.uk |
 For enquiries in Hampshire visit our site at www.solenteye.co.uk |
 Answers Investigation's unique initiatives to help the licensed trade combat under age drinking at www.think21.co.uk |
 For enquiries in Dorset visit our site at www.pidorset.co.uk |
 For enquiries in Hertfordshire visit our site at www.watfordeye.co.uk |
Want to be a PI? Visit Answers franchise site at www.answersinvestigation.co.uk |
 01483 423900 |
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