Being monitored at work: workers' rights

Overview

Employers might monitor workers. This could be done in various ways, like:

CCTV
drug testing
bag searches
checking a worker’s emails or the websites they look at

Data protection law covers any monitoring that involves taking data, images or drug testing.

If workers are unhappy about being monitored, they can check their staff handbook or contract to see if the employer is allowed to do this.

If they’re not, the worker might be able to resign and claim unfair (‘constructive’) dismissal. But this is a last resort - they should try to sort the problem out first - read the advice to help solve a workplace dispute.

Searches

Employers should have a written policy on searching. Searches should:

respect privacy
be done by a member of the same sex
be done with a witness present

If a search or drug test is badly handled, workers might have a claim for discrimination, assault or false imprisonment.

For advice about work issues, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or your trade union representative.

Drug testing

Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook.

Employers should:

limit testing to employees that need to be tested
ensure the tests are random
not single out particular employees for testing unless this is justified by the nature of their jobs

Workers can’t be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.

Email, CCTV and other monitoring

Employers must explain the amount of monitoring clearly in the staff handbook or contract. They should tell workers:

if they’re being monitored
what counts as a reasonable number of personal emails and phone calls
if personal emails and calls are not allowed

Examples of monitoring could include:

looking at which websites workers have visited
CCTV in the building
checking workers’ bags as they leave

Employers are not allowed to monitor workers everywhere (not in the toilet, for example). If they don’t respect this they could be in breach of the Data Protection Act.

Read the advice on workplace disputes or talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice for more advice. Workers can also contact their trade union representative.

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