To spy on work colleague!? - THE LAW
Discussion
Eve Chaps
After the good old PH pit of know-all
Good friend of mine (PAUL) has an issue at work, and i'm trying to find some legal waffle regards the below -
His manager told another employee to spy on him while working (he has not been told of this action, but he knew this chap was doing it etc), this has been on-going for some time and has resulted in said spy being confronted regards this issue, it turned nasty so now at HR stage, so just having a look at what i can find to help the poor chap.
He now has in writing management told X to Spy on PAUL, BUT nothing was ever given to him stating this fact, that can't be legal?
I've found this -
Employers should tread carefully to ensure they remain within the law when monitoring staff emails and web use according to advice published today by the Information Commissioner.
The Employment Practices Data Protection Code — Monitoringpaper declares that those employers that fail to stay within the law on this matter will be subject to criminal proceedings. "The Data Protection Act 1998 places responsibilities on any organisation to process personal information that it holds in a fair and proper way. Failure to do so can ultimately lead to a criminal offence being committed," the code explains.
The Code sets out guidelines to help employers guarantee that their monitoring practices do not breach the Data Protection Act. This severely limits the extent to which bosses can covertly spy on their workers' personal correspondence, whether by email, on the phone, in writing or on the internet. In most cases employers must get consent or at least inform staff before checking up on them.
The advice stresses the importance of creating a policy for monitoring personal information, and making sure that this policy is communicated effectively to employees. "Workers should be aware of the nature, extent and reasons for monitoring," it explains.
The advice says that while monitoring is allowed under the terms of the Data Protection Act, employers must stay within the limitations set out by the Act and should also bear in mind Article 8 of the European Convention of Human Rights.
The latter states: "Everyone has the right to respect for his private and family life, his home and his correspondence," and sets out the very strict criteria under which employees and public authorities may break this confidentiality — for example, where public safety may be at stake.
To add -
This is a large PLC and the Manager in question is a board level Dir, so this could be quite serious if they have broken some law.
Regards emails/web usage i do know thats all fair game if a company wishes spy in that case ( if the state this), but to tell a basic employee to take notes and spy on a fellow colleague? and even move his PC screen/chair so he can watch your moves....
Poor form and and sign of the times...
Any help would be great
Cheers
After the good old PH pit of know-all
Good friend of mine (PAUL) has an issue at work, and i'm trying to find some legal waffle regards the below -
His manager told another employee to spy on him while working (he has not been told of this action, but he knew this chap was doing it etc), this has been on-going for some time and has resulted in said spy being confronted regards this issue, it turned nasty so now at HR stage, so just having a look at what i can find to help the poor chap.
He now has in writing management told X to Spy on PAUL, BUT nothing was ever given to him stating this fact, that can't be legal?
I've found this -
Employers should tread carefully to ensure they remain within the law when monitoring staff emails and web use according to advice published today by the Information Commissioner.
The Employment Practices Data Protection Code — Monitoringpaper declares that those employers that fail to stay within the law on this matter will be subject to criminal proceedings. "The Data Protection Act 1998 places responsibilities on any organisation to process personal information that it holds in a fair and proper way. Failure to do so can ultimately lead to a criminal offence being committed," the code explains.
The Code sets out guidelines to help employers guarantee that their monitoring practices do not breach the Data Protection Act. This severely limits the extent to which bosses can covertly spy on their workers' personal correspondence, whether by email, on the phone, in writing or on the internet. In most cases employers must get consent or at least inform staff before checking up on them.
The advice stresses the importance of creating a policy for monitoring personal information, and making sure that this policy is communicated effectively to employees. "Workers should be aware of the nature, extent and reasons for monitoring," it explains.
The advice says that while monitoring is allowed under the terms of the Data Protection Act, employers must stay within the limitations set out by the Act and should also bear in mind Article 8 of the European Convention of Human Rights.
The latter states: "Everyone has the right to respect for his private and family life, his home and his correspondence," and sets out the very strict criteria under which employees and public authorities may break this confidentiality — for example, where public safety may be at stake.
To add -
This is a large PLC and the Manager in question is a board level Dir, so this could be quite serious if they have broken some law.
Regards emails/web usage i do know thats all fair game if a company wishes spy in that case ( if the state this), but to tell a basic employee to take notes and spy on a fellow colleague? and even move his PC screen/chair so he can watch your moves....
Poor form and and sign of the times...
Any help would be great
Cheers
superkartracer said:
He now has in writing management told X to Spy on PAUL, BUT nothing was ever given to him stating this fact, that can't be legal?
Did they use the word spy?Obviously I've no idea what your friends employer suspects, and it probably isn't how I would go about it, but is there anything really wrong with asking another employee to observe another? I don't see a major problem assuming the observer doesn't report anything untrue. Is / was your friend doing something they shouldn't?
Was told to keep an eye on him! as in take notes of his break times and internet use etc etc (management denies all knowledge but SPY has said they lie and management are now backtracking)
Systems are in place (digital) that track this information anyway, so a complete waste of this employees time and resources.
So this is a form of harassment and bullying as it served no purpose but to cause him upset.
Systems are in place (digital) that track this information anyway, so a complete waste of this employees time and resources.
So this is a form of harassment and bullying as it served no purpose but to cause him upset.
How do you know it serves no purpose?
Perhaps the manager in question thinks highly of your friend and expects the other colleague to learn from him by observing him.
Or more likely your friend has given his manager reason to think he is doing something he shouldn't be...
I also find it hard to believe that somebody who reports to a manager who sits on a "major PLC" board is being particularly bothered by such behaviour unless they are doing something wrong - is your friend is in a fairly senior position also? Or perhaps secretarial / admin...otherwise I can't see break times etc being particularly important.
UpTheIron said:
How do you know it serves no purpose?
1. Perhaps the manager in question thinks highly of your friend and expects the other colleague to learn from him by observing him.
2. Or more likely your friend has given his manager reason to think he is doing something he shouldn't be...
3. I also find it hard to believe that somebody who reports to a manager who sits on a "major PLC" board is being particularly bothered by such behaviour unless they are doing something wrong - is your friend is in a fairly senior position also? Or perhaps secretarial / admin...otherwise I can't see break times etc being particularly important.
1. Systems are in place that monitor what he was asked to take notes on, break times, clocking on jobs, surfing web, quite silly really...1. Perhaps the manager in question thinks highly of your friend and expects the other colleague to learn from him by observing him.
2. Or more likely your friend has given his manager reason to think he is doing something he shouldn't be...
3. I also find it hard to believe that somebody who reports to a manager who sits on a "major PLC" board is being particularly bothered by such behaviour unless they are doing something wrong - is your friend is in a fairly senior position also? Or perhaps secretarial / admin...otherwise I can't see break times etc being particularly important.
2. No, it's been a culture for a long time, power trip etc. Board Level directors should not be involved with such petty crap, not being pay 120k anyway...
3. Yes agree, that is why said Director has denied all, as they know full well it was pointless and only severed their ego. He's just a worker, nothing more BUT above the spy regards work position etc, now the spy has explained he was told to do this an team is looking into it!
It's a simple case of said Dir using power for own pleasure, they get off on this (odd i know) the chap is very straight and good at his job, several people have also had this issue regards being watched...
Simply want to know where the Law stands on such things, just to help him out really.
BigAlinEmbra said:
Well if he wanted to make life difficult for them under the data protection act he's entitled to any data held on him.
He could bring it up at an appraisal?
Or point out that the spy seems to spend more time watching other employees than doing their job.
CheersHe could bring it up at an appraisal?
Or point out that the spy seems to spend more time watching other employees than doing their job.
X is paid to do a role, that role does not state watching other people work and taking notes, question they will ask is, while he's taking notes wasting time he is not doing the job he is paid for, right?
Also, the law states any viewing of private material and/or monitoring of staff must be explained in some sort of document form, signed and written into contract etc.
Do you have any links regards the data protection act and the above?
Thanks
Gassing Station | Business | Top of Page | What's New | My Stuff