If you suspect an employee isn't being wholly truthful about some aspect of their employment, surveillance and observation might seem like a good way to check on them – by monitoring emails, calls and internet use. Whether it's theft, misuse of company time or you just want to keep an eye on your babysitter, electronic surveillance could help you find some answers – but what does the law say about this?

Workplace monitoring

Employers do have the right to monitor their employees in the workplace, and this covers everything from using CCTV cameras and videoing outside of the workplace to checking phone logs, emails, website visits and voicemail messages. An employer is even allowed to get information from a credit referencing agency on their employee.

These types of monitoring are covered by data protection laws – they don't prevent monitoring from taking place but they do put in place certain conditions.

Conditions for workplace monitoring

For any employer considering surveillance in the workplace, there are a few things that they need to consider. These include what the benefits that monitoring staff will bring are, the impact that monitoring may have on staff, whether there are any less intrusive alternatives to surveillance available and whether, taking into account those factors, the monitoring is justified.

Under most circumstances, the employer has to take what are referred to as 'reasonable measures' to ensure that staff know they may be monitored and understand the reasons that the monitoring is taking place. It isn't necessary, however, to inform individual members of staff providing that the employer feels they can justify monitoring taking place.

As an employer, you should have in place a code of conduct policy and this can cover monitoring in the workplace – it is usually agreed as part of the contract of employment for staff members. It means that if you are allowed to monitor activities, any foul play that you find can result in disciplinary action if it contravenes the terms of a staff member's employment.

If you've got serious concerns about a member of staff, consider hiring a professional to look into their background and activities – take a look at our website to see the services we offer.