Employee Surveillance
Caught on candid camera? If your employer uses CCTV in the workplace take care what you say – Big Brother’s watching.
Am I Being Watched?
Employers are increasingly turning to surveillance to keep an eye on staff. Concerned about productivity and efficiency, big companies are using highly invasive techniques to monitor their teams. And even if you do no wrong, working in a company which uses these methods can put you at a disadvantage. Growing evidence shows that surveillance and monitoring causes relationships between an employer and employees to disintegrate: an insecure, nervous workforce is the price to pay for picking off the time-wasters.However, many employers have good cause to monitor premises using a video recorder or similar. Petrol stations and customer care units, often targeted by fraudsters or perpetrators of abuse, are commonly filmed – to protect staff as much as spy on them.
The History of Employee Surveillance
A number of high-profile surveillance cases have been in the news. BT’s infamous ‘Project Orwell’ was designed to monitor employees in and out of work, ensuring sick days and extended leave were justified. CCTV was supplemented by a squad of private detectives who followed employees home, taking secret photographs. Naturally, BT was severely lambasted for this project.The line between acceptable and unacceptable surveillance is far from clear. For instance, an employee of Scottish Water lost a court case after he was fired for faking his time-sheets. The company had obtained secret video footage which proved that he wasn’t working the hours he claimed. Although the recording of this footage wasn’t in line with the Human Rights Act, the court ruled that it was reasonably undertaken in the circumstances.
Then there was the council worker whose home was watched by private detectives – to make sure that her injuries were real. How did she sustain these injuries? She was attacked at work by a person who had previously made threats to the council. She won £20,000 compensation.
Hearing all the stories about CCTV being installed in locker and changing rooms, microphones in petrol stations and telephone tapping, you’d be forgiven for thinking that British employees have fewer rights than convicts. What does the Human Rights Act say about all this?
What are my Rights?
Your employer is perfectly entitled to record your actions and conversations. The only provison is that they must have good cause for doing so. Your employer must tell you that you are being videoed – secret cameras are not legal! They are not entitled to use the footage for any purpose that infringes your right to privacy. But they can use the footage to show that you are not carrying out your job properly – in other words, it could be used against you.Concerned About Employee Surveillance?
If you believe that your employer is monitoring you without notification, take action.- Ask your employer to make their surveillance policy clear. Precisely where, when and how are you being monitored? Your employer should provide a clear policy setting out the nature of any monitoring and (most importantly) exactly what is seen as a breach. If you aren’t aware of a policy, then ask – they must comply.
- If your employer denies monitoring you at work but you suspect foul play, you should contact your trade union. Cameras in changing rooms, toilet rooms and private offices are forbidden; cameras in a communal office or customer area are permitted, but you must be informed of their existence. If you aren’t a union member, call the Advisory, Conciliation and Arbitration Service (Acas).
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You might also like...My Dental practice has a camera fitted in the changing room and this make me feel very uncomfortable, my employer said that the camera actually doesn’t work but I’m wondering why would he fit a camera in the changing room if then he won’t even use it? I understood by reading the article above that it is illegal to have a camera in the changing room,could you please advise me what’s the law on this and which action can be taken as I feel very uncomfortable to go every day at work and get change knowing that he could possibly watch me while I get change .Many thanksUncomfortable - 10-Dec-20 @ 3:11 PMMy company has installed CCTV cameras with microphones in the staff changing rooms (Male and female). I this forbidden? I feel like it’s a breach of privacy but apparently it’s the same in all branches across the ukConcerned - 2-Nov-19 @ 6:00 PMMy employer has recently fitted a microphone in our small office which has a maximum of 2 people working in there at any one time. They already have 4 cctv cameras trained on us and our screens and record calls for quality purposes. Which means this mic is for private conversations. Is this legal? Can anything said privately between 2 colleagues recorded by this mic be used for disciplinary action?Gavlar83 - 28-Aug-19 @ 3:29 PMMy employer has fitted a microphone in our office. We already have 4 cameras pointing at us and our screens in this small office where only 2 people maximum work at a time. They already record calls for quality purposes, which means the microphone is only for recording personal conversations between colleagues. They put this up without informing us and have not placed any signage. Is this legal? And can any private conversation we have be used in disciplinary actions?Gavlar83 - 28-Aug-19 @ 3:25 PMMy company has installed cameras in the warehouse, outside the premises AND in the offices. Nobody has spoken to us about them they just appeared. In the main office there is a large 50 inch display panel mounted on the wall which has a split-screen showing a live feed from the five cameras. This can be seen by everyone in that office not just the Manager. I work in another office with around 10 people which has a camera recording us as we work. This means that everything we do can be seen by all the staff in the other office which I cannot see is acceptable. Can you please advise teh law on this and what we can do as it is uncomfortable knowing you are being watched all day by everyone. ThanksBertie - 22-Aug-19 @ 12:03 PMPlease give me a ring on 0428543907 I have a question about a camera from next door. ThanksScott - 18-Jul-19 @ 10:14 AMCan another employee at work record you without your consent to prove you are breaking the workplace rules?Dan - 10-Jun-19 @ 12:57 AMMy son recently had a fall at work. Initially he laughed it off due to embarrassment as anyone would who falls over. The cctv was watched back by employees/ management and also was laughed at then sucked up by my son who excepted that and moved on. Then unbeknown to my son a recording of this video was captured on a phone and uploaded to a social media site. It was posted in a work affiliated group with around 550 members a group that my son was not a member of. A friend/ work colleague let this slip screen shot all the information and forwarded this to my son. When calling the store manager was then under the impression that they were also privy to this information. Where do we go with this? My son has been made to look like the village idiot by people who are in a position of authority. The person who uploaded this was a manger!!Mimi - 30-May-19 @ 6:58 AMHi can a member of our security team look to see if we are doing our patrols this person is not a supervisor or been asked to do this where do we stand on thiswacker - 20-May-19 @ 4:20 PMI work for local council who recently fitted all trucks with cameras we were told that it was to protect us from false claims from the public. We have now been told the footage from the cameras are being used against us for malpractice reasons is this allowed...???Hgvdriver - 31-Mar-19 @ 11:57 PMHi My employer has put cctv behind the bar and inside the social club I work at monitoring employees and customers as well the Secretary watches the club live from her house we now know this as she rang up and asked where one of the bar staff was as she couldn't see her on her screen at home is this legalJomesie8 - 25-Mar-19 @ 5:43 PMMy employer and another staff member jave been showing cctv footage of me to customers in the shop where I work. The other staff member has also done this previously with other staff who have made mistakes on the till etc and telling customers why staff have lost thier jobsIrene - 24-Mar-19 @ 8:12 PMMy employee put hidden microphone in kitchen. They know what we are talking. Can't talk anything private things. If we do she asked us. We didn't know first why she knows. We can't say anything. Can they do spy our private. We can say how bad my owner's are.Work hard - 23-Mar-19 @ 1:40 AMI think we are entering the age of Orwell's '1984'. How did we manage before all the tech? All this just to squeeze the very last drop of juice from the employee's. I'm sure what the companies where losing due to odd naps etc was minimal. I would even bet that the amount all the tech costs, costs more than what they would have lost. This, for a smaller businesses is more about power over the employee's. For Corporations, it's more about making a few extra pennies for the damn shareholders. Either way this SHOULD be illegal unless to protect life (e.g. prisons) Bosses can be unethical too, just as dirty and untrustworthy as employee's can be... Don't forget that!philipo - 22-Mar-19 @ 3:23 PMMy employer has installed a cctv camera in the canteen at work. Is this allowed/legal?Concerned - 20-Mar-19 @ 3:56 PMI was assaulted at work by a member of the public, and the situation wasn't handled very well. I've asked my management to see the footage of what happened but they won't let me see it because of GDPR. Do I have a right to see it?DE1 - 19-Feb-19 @ 2:35 AMCan a employee put a secret camera up at work without consentDazza - 6-Feb-19 @ 9:36 AMI work for the local council as a security guard, we have been issued with body cameras. The cameras fall off and are very unreliable, so we offered to buy our own but were refused. Could I still buy and wear my own even of they say no?Fat head - 5-Jan-19 @ 12:52 PMHello my name is Harry I work for a Roofing Supplies company can they have a camara where we have get changed and have our lockers ????Wizard - 13-Dec-18 @ 5:56 PMcovert camera hidden in toilet cubicle at my employers factory,when challenged about it they said it was to catch those responsible for writing on the walls.8R34THL355 - 11-Nov-18 @ 8:29 PMEmployee monitoring is a routine. The important thing is that the tracking of the actions of the staff was loyal to them. I use monitoring software, SoftActivity. During work, the productivity of my company is growing, and the efficiency of employees is very pleased. So the main thing is to see the line in this case.leonardo229 - 9-Oct-18 @ 5:19 PMMy girlfriend works in a laundry shop where she is watched by cctv cameras & listened to by the owner & her sister who doesn't have nothing yo do with the business.They listen to her have private conversations on her mobile phone then phone her up mentioning what's been spoke about and even speaks to third parties about girlfriends conversations.She isn't allowed to leave the shop or take a break when working which is meant to be 9 till 5 but the owner always disappears just before 5 making her stay without asking or any extra pay till 9pm sometimes as she and leave the shop. She's been there 6 years without any time off as employer won't pay holiday pay and even after an operation and told to take 6 weeks off was back in work next day as employer refused to pay any sick pay. This employer won't even pay her wage in 1 payment sometimes paying small amounts over a period of 4 or 5 days (which when worked out at an hourly rate the hours worked and what's paid is well below national minimum wage)I know alot is wrong legally with this employer and her ways but girlfriend is scared of losing job.Any help would be appreciated thanksConcerned - 10-Sep-18 @ 12:33 AMWe have cctv in our trucks it can only be accessible through the vehicle is it OK for the employer to carry out spot checksHgv 1 - 2-Sep-18 @ 10:15 AMWorking in a factory environment there’s cameras on the shop floor and outside changing rooms but there’s also cameras outsideand one at the front entrance but these havesigns sayingimages are being recorded for the purpose of crime and public safety And my company have been using these to monitor staff and using as evidence for non crimes miss conduct is this a dpa breach?Simple2512 - 21-Aug-18 @ 12:35 AMIf an employee accesses CCTV to collate evidence without permission against another staff member can this be used and is that employee in breach of privacy rights?Lewis - 6-Aug-18 @ 11:07 AMIs it legal to have microphones in the workplaceJules - 27-Jul-18 @ 3:02 PMI work as a caregiver in home. I've worked for the same client for 3 years. It's a step mom and dad the son is who I care for he's 24 with MD and needs total care. About 6 months ago I noticed spy cams everywhere kitchen living room bed room. Spy cameras in the picture lamp shades coffee pots flowers and more places and I don't care no big deal RIGHT but one day I was using the bathroom and saw a spy cam I found a total of 5 in the bathroom now I'm up set also I found 3 in my car I went to the police and the police officer took pictures of the spy cameras I told them everything I know. The officer said that they can go to my work and see if my boss will let them in the house.the office said with out aSearch warrant there's not much they can doAnd by the time they get a search warrant my boss can pull out the spy cameras so I started taking pictures of these things in the bathroom..so now what do I do anyone.? If I turn them in then my client will lose his IHSS and I don't have a job anymore I'm sure I'll get my unemployment but I will feel bad but I don't really think they care about me because if I ask for a day off the dad always says what about my son. I work 6days a week 12hours a day I only have Sunday off to try and get my stuff done so I don't get to rest and most everything is closed on Sunday's I do way more than what I'mSupposed to do... help anyone where do I go .....Care - 4-Jul-18 @ 8:20 AMI work as a caregiver in home. I've worked for the same client for 3 years. It's a step mom and dad the son is who I care for he's 24 with MD and needs total care. About 6 months ago I noticed spy cams everywhere kitchen living room bed room. Spy cameras in the picture lamp shades coffee pots flowers and more places and I don't care no big deal RIGHT but one day I was using the bathroom and saw a spy cam I found a total of 5 in the bathroom now I'm up set also I found 3 in my car I went to the police and the police officer took pictures of the spy cameras I told them everything I know. The officer said that they can go to my work and see if my boss will let them in the house.the office said with out aSearch warrant there's not much they can doAnd by the time they get a search warrant my boss can pull out the spy cameras so I started taking pictures of these things in the bathroom..so now what do I do anyone.? If I turn them in then my client will lose his IHSS and I don't have a job anymore I'm sure I'll get my unemployment but I will feel bad but I don't really think they care about me because if I ask for a day off the dad always says what about my son. I work 6days a week 12hours a day I only have Sunday off to try and get my stuff done so I don't get to rest and most everything is closed on Sunday's I do way more than what I'mSupposed to do... help anyone where do I go .....Care - 4-Jul-18 @ 8:15 AM@Superchick- that sounds horrendous. No shirking in your salon then and adding an extra ten minutes onto your break lol. I don't think your employer has to tell the clients unless the treatment is of a personal natureHH - 25-Jun-18 @ 11:06 AMI work in a beauty salon and my manager has cameras where she watches us. She is not a qualified therapist and will watch from Home and then call the salon when she thinks we are doing something wrong. I also cannot see any signs in the salon to say that there are cameras for your own safety (so the public are unaware) . Is this legal?Superchick - 24-Jun-18 @ 9:00 AM
