There are plenty of tools out there for monitoring employee performance, productivity, accountability and behaviour. But to what extent are these tools considered 'monitoring' of employees? And is employee monitoring legal under UK employment law?
Having monitoring tools as an employer doesn't automatically justify surveillance, and it doesn't guarantee effective management of personnel. Employers should place trust in their employees to perform their duties without fear of being excessively monitored in the workplace.
For employers, there are various risks to employee monitoring, including undermining trust, destroying a good professional working relationship between employers and employees, and creating a toxic working environment.
Monitoring can lead to increased stress and decreased job satisfaction among employees. In certain situations, monitoring could even potentially infringe upon the legal and human rights of employees. Employers have a duty of care to their staff, which also includes safeguarding their mental health.
While employers might perceive monitoring as a means to enhance productivity, lack of transparency in how monitoring is used can lead to reduced engagement and morale. It's very important that employers weigh up the benefits against the potential drawbacks, and ensure that monitoring practices align with legal and ethical standards.
Employers should have valid reasons for monitoring their employees, such as:
If a company has a hybrid or fully remote working policy, employee monitoring tools can be helpful in supervising remote teams and ensuring work completion.
With the rise of remote work, tracking employee engagement and productivity has become more challenging. Monitoring software allows employers to assess employee productivity and project management efficiency.
Real-time monitoring systems can identify employees who may not be meeting company expectations by analysing their activity and time usage, and highlighting work and non-work activities.
Employee monitoring systems vary based on business needs. There are many monitoring tools that can help companies keep track of employee activities and processes, attendance tracking, behaviour and security. Common types of monitoring include:
Tracking software monitors employee computer activity, including websites and social media sites visited, application usage, and activity monitoring if a worker works remotely.
Employers can use CCTV, screen capture, or webcam monitoring to ensure productivity by viewing screen recordings or live feeds (although privacy considerations must be addressed).
Monitoring employee emails helps resolve workplace issues and identify potential threats like insider threats or harassment. It also helps employers to see whether workers are using business emails for social use.
Employers can monitor business phone usage through activity reports and screenshots to assess productivity and usage patterns.
Time tracking tools can indicate to employers how long tasks are taking, as well as clock-ins and clock-outs to manage workload efficiency.
This extreme form of monitoring records every keystroke made by an employee, using hardware or software-based systems.
Yes, employee monitoring is legal within UK employment law. That said, the Data Protection Act 2018 outlines six fundamental principles that employers must adhere to when monitoring their employees:
To ensure compliance with data protection regulations and employee privacy, employers should clearly explain to employees what will be monitored, and why.
A defined and comprehensive policy on employee monitoring should be put in place (in consultation with employees and their representatives). Employers should also conduct an impact assessment before implementing monitoring to understand its implications. Where possible, any employer should avoid excessive monitoring and consider other ways to assess staff performance, such as training or performance reviews.
UK GDPR is the same as EU GDPR, but UK GDPR includes the Data Protection Act. This legislation is important for establishing how companies can collect, store and use data. The legislation states that employers must not mishandle or exploit personal, raw data.
Examples of personal data include telephone numbers, email addresses and home addresses.
The UK law also includes six data processing principles. These highlight how employers can legally manage the data they collect.
Data processing principles are a set of strict rules that act as a guide to processing, collecting and accessing personal and sensitive data safely. These principles are different to the six lawful bases of data processing.
The principles employers must follow are as follows:
Compliance with these principles will ensure you administer employee monitoring tools lawfully as an employer.
Employee monitoring is a highly contentious and controversial topic due to concerns over the collection of personal data and the toll it can take on workers' mental health and stress levels. Introducing workplace tracking may raise concerns among employees about potential violations of their human rights. (For instance, unintentional exposure of private health information through keystroke logging would constitute a breach of employee privacy). This can lead to feelings of mistrust and insecurity.
Excessive monitoring can lead to a breakdown of trust between employer and employee. Poor communication regarding the implementation of workplace tracking can result in a high level of stress among employees. Misunderstandings about the purpose and scope of monitoring may arise, causing worries about privacy and potentially damaging a business's reputation.
The greatest risk of monitoring is a data breach. Inadequate monitoring practices that do not comply with data protection laws pose a significant risk of data breaches or GDPR violations. Non-compliance can lead to monetary penalties and legal action. Businesses must have clear communication, transparency, and be compliant with data protection regulations when deciding to monitor employees.
Wondering whether employee monitoring is right for your business?
Our professionals at Neathouse Partners can advise on whether tracking tools are suitable for your working environment. Get in touch about how we can support your business >