As an employer can you, or should you consider the use of covert surveillance if you feel that employees are conducting them self in a less than honest manner?
In some cases the courts have held that covert surveillance may be legitimate (whether in the private or public sector) where:
- Employers already have suspicions from other sources.
- Employees are essentially committing fraud and the employers have a considerable interest in protecting property and in the administration of justice.
- Filming is done during working hours.
- Most significantly, an employer’s act in arranging covert surveillance should be necessary and proportionate i.e. no less intrusive methods are available and surveillance is for no longer than necessary.A recent case of City and County of Swansea v Gayle  UKEAT 0501/12 the Council hired private investigators to film Gayle playing squash on five days when he should have been at work. In this case the EAT (Employment Appeal Tribunal) held that there was no breach of Article 8 of the Human Rights Act because Gayle was in a public place when filmed, was filmed during working hours and was a fraudster and could have no reasonable expectation of privacy.
For more information on cases please look at the link below.
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