Do your employers monitor your activities whilst you are working?

Believe it or not, it is their right. As per the law, employers have the right to monitor workers. They can monitor the workplace in the following ways:

by opening mail or email
by recording on CCTV cameras
by using software to check email
by checking phone logs and recording calls
by checking websites, you have visited
by making videos outside the workplace
by getting information from credit reference agencies
by collecting information through the point of sale terminals, like supermarket checkouts for checking the performance of individual staff

However, there are sets of rules about the circumstances and how an employer can monitor the workplace, according to the data protection law.

Employers must let you know that monitoring is being carried out. They should clarify what is monitored and why it is necessary to monitor – except in very limited circumstances.

They may not need the consent of staff if they are able to justify monitoring once they have carried out a proper impact assessment.

But, they should:

be clear why they are monitoring workers
know the benefits they will gain from the act of monitoring
be aware of any adverse impacts on staff
ensure if there are any, less intrusive, alternatives to inspect

Monitoring electronic communications

Your employer is legally authorized to invigilate internet, phone, and email in the workplace in the following situations:

if the monitoring is linked to the business
the equipment has been provided partly or wholly for work by the employer
the employer has informed you that your communications will be monitored

Your employer can monitor your electronic communications for any of the following reasons:

to prevent or detect crime
to ensure facts relevant to the business
to make sure you are following the procedures
to assess the quality of your work
to check if you are not making unauthorised use of telecommunications systems
to ensure whether electronic systems are operating effectively
to prevent computer viruses entering the system
to make certain that an email or phone call you have received is relevant to the business.

Remember your employer can open your emails or listen to voicemails but is not allowed to record your calls.

Secret monitoring

Some employers use spy cameras or hidden audio tools to monitor their workers without informing them. This is illegal. According to employment law solicitors, secret monitoring is not allowed in private areas at the workplace, such as staff toilets, unless there it is the case of a serious crime – for example, dealing drugs.

Employer’s policy on monitoring

In general, employers should draft a code of conduct to cover workplace monitoring. If such code or policy is agreed, it will form part of your employment contract. This means that an employer is allowable for monitoring your activities. And your activities could be the subject of disciplinary action if the employer finds you using workplace equipment in a way that is not permissible in your employment contract.

What to do if you’re not happy with monitoring at the workplace

If you are unhappy with the way your employer is not legally allowed to monitor your activities, you must seek expert advice. In that case, you can:

talk to your employer about the monitoring
try to persuade them to stop. But, if you are still working for the same employer, you need to assure whether or not raising this issue will put your job at risk.
take out a grievance against your employer
Read your contract of employment, staff handbook or anywhere else where your employer might have a policy about monitoring
if you are a member of the trade union, ask them to help you

If your employer isn’t following the law, you have the right to ask the Information Commissioner to assess whether your employer is meeting their obligations under data protection law.

The Information Commissioner is responsible for supervising and enforcing the law on data protection. He/she is authorised to advise both workers and employers on their rights and duties under the Data Protection Act.

If the Commissioner finds that your employer is not sticking to the law, an enforcement notice can be issued, or recommendations can be made to the employer. Remember, you’re not eligible for any compensation from the Information Commissioner.

In summary, if you have an issue with the way your employer is monitoring you, seek help from an experienced employment law solicitor. You can search for lawyers online as almost every professional and good employment law solicitor is available online.

Our Employment Law Solicitors can assist with all types of claims and where possible on a no win, no fee basis. Naturally, we pride ourselves on providing the best possible service to the highest standards, we offer employment law advice on all problems. Call us on 020 3923 4777 or 020 3923 4777

Tom Street

Tom Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.

In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.