Monitoring at work

What rights do you have if you think your boss is secretly checking up on you?

Whether you like it or not, employers have the right to monitor your activities at work in many ways.  For example they can:

• Use CCTV cameras;
• Open your work mail;
• Open your email or check it with automated software;
• Check phone logs or record phone calls;
• Check your web browsing history;
• Get information about you from credit reference agencies;
• Monitor performance through tills and checkouts.

There are some safeguards, primarily that:

• The monitoring must relate to the business;
• The equipment being monitored must be provided partly or wholly for work;
• Your employer must have made all reasonable efforts to inform you that your communications will be monitored.

But in practice these don't restrain an employer very much. Monitoring can be used without your consent in many circumstances, including:

• To establish facts which are relevant to the business, to check that procedures are being followed, or to check standards, for example, listening in to phone-calls to assess the quality of your work;
• To prevent or detect crime;
• To check for unauthorised use of equipment - e.g. using the internet or email for personal use;
• To make sure electronic systems are operating effectively, for example, to prevent computer viruses entering the system;
• To check whether an email or phone-call is relevant to the business. In this case, your employer can open up your emails or listen to voice-mails but is not allowed to record your calls;
• To check incoming calls if you work on a confidential help line. In this case, your employer can listen in, but is not allowed to record these calls;
• In the interests of national security.

So, basically, don't expect much privacy when you're online or on the phone at work.

Spy boss

Secret monitoring, however, for example by hidden cameras or audio recorders, is very rarely legal. Guidance under data protection law says that secret monitoring should not be allowed in private areas at work, such as staff toilets, unless there is serious crime involved, such as drug dealing.

Policies

Ideally, an employer should have a code of conduct or policy that covers workplace monitoring. If a code or policy has been agreed, it will usually form part of your contract of employment. This means that where an employer is allowed to monitor your activities, these activities could be the subject of disciplinary action if you are using workplace equipment in ways that are not permitted in your contract of employment. The employment relations organisation Acas has produced a short guide on internet and e-mail policies that gives some insight into the employer's point of view.

Drugs

The legal position for drug testing at work is complicated but it's acknowledged that employers have a justifiable interest in employees' drug use in certain circumstances. These include employees using drugs or alcohol in the workplace, or if drug or alcohol use is affecting your performance or safety at work. But a drug test shouldn't be imposed on you, and should only be introduced after a consultation.

Complaints

If you're unhappy with the way you are being monitored at work, and can't resolve it with your employer, you can call the office of the Information Commissioner on 01625 545 745.

Thanks to the CAB for help with this article.

By Tom Green

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