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.
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...
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...
Jasandjules said:
What does your friend do?
What is the companies IT Policy? Did your friend undertake a Risk Assessment?
Sits on a PC all day.What is the companies IT Policy? Did your friend undertake a Risk Assessment?
Standard policy, nothing about being watched tho.. only email/web tracking etc etc.
Imagine having someone sat next to you all day taking notes on your every move, even angled the screen so they could watch...
Sadly after 6 months of this he cracked and faced said spy (in anger), so all being looked into blar blar
He never mentioned this till last week, poor chap//
so can I just clarify;
An employee has been asked to watch a fellow employee and report to a 3rd person what they do and when.
The fact that the person being spied on is a director is not relevant is it?
IMO there is no wrong and no different from putting in covert cameras (only cheaper)!!
An employee has been asked to watch a fellow employee and report to a 3rd person what they do and when.
The fact that the person being spied on is a director is not relevant is it?
IMO there is no wrong and no different from putting in covert cameras (only cheaper)!!
No sorry
Director told X to spy on said person (normal employee)
Regards camera
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.
Director told X to spy on said person (normal employee)
Regards camera
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.
svm said:
Forgive my ignorance, but why has he not just laughed at the muppet that's spying and thought nothing more of it?
What sort of work place is this? A school play ground?
I know, sad eh...What sort of work place is this? A school play ground?
Imagine having someone sat next to you all day taking notes on your every move, even angled the screen so they could watch..
Me, i'd have told him to f
k off and sacked him :-)ok.... so employee #1 has been asked by a director to monitor the performance and activity of one of the employees piers (employee #2) and report back to the director?
Employee #1 is concerned that by monitoring employee #2 they may be breaking the law?
I fail to see how, I also fail to see why it needs to be documented.
Employee #1 is concerned that by monitoring employee #2 they may be breaking the law?
I fail to see how, I also fail to see why it needs to be documented.
Based on what you have said there is no apparent breach of legislation.
The term 'spy' is emotive, it is not unusual for an employer to have concerns about an employees actions, if they do, they will generally do something about it.
Without knowing contract details, ToR etc., it's hard to comment with any authority but the employer may be worried about information or equipment being misused, simple time theft or a host of different things.
If any employee belives they are being watched and are concerned, they should go through line management (or HR) to ensure issues are aired. After all, if you do not know what the problem is, you cannot resolve it (natural justice). I realise it's not always so simple as this because the person who thinks they are being watched may well feel victimised (which they may or may not be).
Sorry that's not much help, but as I say there's no obvious breach of legisialtion.
The term 'spy' is emotive, it is not unusual for an employer to have concerns about an employees actions, if they do, they will generally do something about it.
Without knowing contract details, ToR etc., it's hard to comment with any authority but the employer may be worried about information or equipment being misused, simple time theft or a host of different things.
If any employee belives they are being watched and are concerned, they should go through line management (or HR) to ensure issues are aired. After all, if you do not know what the problem is, you cannot resolve it (natural justice). I realise it's not always so simple as this because the person who thinks they are being watched may well feel victimised (which they may or may not be).
Sorry that's not much help, but as I say there's no obvious breach of legisialtion.
Sorry, it may be too late now, but your friend would be well advised (IMO) to tackle the issues head on. If he has done something wrong he should be told, if he is suspected of something he should be offered an opportunity to explain and discuss.
He has clearly got some problem (no idea if justified of course, no personal comment intended). The other party may genuinely suspect some wrong doing or simply that the job is not being done well enough (in the later case, an examination of the appraisal system and associated notes would be useful). However, as you say, some people do seem to get an amount of pleasure form instigating such things (a previous organisation of mine had a couple like that).
Again, IMO it will depend on the nature of the role, the industry sector and other factors as to what would be reasonable. If a criminal act is suspected then of course the investigation may take a different form and disclosure may be limited.
I would expect any organisation to have policies in place regarding staff behaviour, discipline and grievance (others may correct me, but it is worth knowing that for individuals tribunals are often won on breach of process, even if the process is flawed).
Regarding the privacy aspect, if the person is paid to be at work they should be engaged in work related activities during that time so there are unlikely to be any breaches on that score. Naturally, there are issues about accessing emails but when using organisational property (pc, internet, electricity etc) it would be normal to expect some form of check if there is some form of suspicion.
Forgetting the rights and wrongs, there's also the problem with taking on people with power and the impact it can have. that's a decision for the individual of course.
Sorry if this sounds rather vague, it's non-judgemental and only intended to offer food for thought
He has clearly got some problem (no idea if justified of course, no personal comment intended). The other party may genuinely suspect some wrong doing or simply that the job is not being done well enough (in the later case, an examination of the appraisal system and associated notes would be useful). However, as you say, some people do seem to get an amount of pleasure form instigating such things (a previous organisation of mine had a couple like that).
Again, IMO it will depend on the nature of the role, the industry sector and other factors as to what would be reasonable. If a criminal act is suspected then of course the investigation may take a different form and disclosure may be limited.
I would expect any organisation to have policies in place regarding staff behaviour, discipline and grievance (others may correct me, but it is worth knowing that for individuals tribunals are often won on breach of process, even if the process is flawed).
Regarding the privacy aspect, if the person is paid to be at work they should be engaged in work related activities during that time so there are unlikely to be any breaches on that score. Naturally, there are issues about accessing emails but when using organisational property (pc, internet, electricity etc) it would be normal to expect some form of check if there is some form of suspicion.
Forgetting the rights and wrongs, there's also the problem with taking on people with power and the impact it can have. that's a decision for the individual of course.
Sorry if this sounds rather vague, it's non-judgemental and only intended to offer food for thought
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