AS Big Brother fills our TV screens a Sheffield-based law firm is warning businesses that using surveillance techniques to monitor their staff is a legal minefield.
Matthew Brain, employment law partner for Irwin Mitchell, said: "Organisations are increasingly choosing to monitor staff by introducing their own form of Big Brother with CCTV, phone taps and monitoring of emails."
Although employers are legally entitled to monitor certain aspects of staff activities at work, Mr Brain says businesses must advise their staff in advance and ensure the degree of monitoring is appropriate.
He said: "Failing to inform staff they are being, or can be, monitored can lead to a breakdown in the employment relationship and open companies up to claims, such as constructive dismissal. This is especially true when it comes to CCTV."
CCTV surveillance is increasingly used by employers, particularly where staff have opportunities to steal or commit fraud, but also as a security measure where staff deal with the public.
Mr Brain added: "CCTV footage taken for the purpose of monitoring staff is covered under the Data Protection Act as it is deemed to be processing of personal information, and many employers remain unaware of their obligations under the Act.
"Employers need to adhere to data protection principles, including making staff aware that personal information can be recorded by the CCTV.
"They should also place signs in areas where cameras are located informing employees they are being filmed and allow workers access to personal footage and images, on request.
"Covert CCTV monitoring will rarely be justified and should only be used in exceptional circumstances, for example, where criminal activity is suspected.
"Surveillance of email and Internet use is prudent, given the risks, but this must be done in an open, rather than covert, manner. It should be backed up by a written policy, which is properly explained and fairly applied."
