Covert Monitoring of Employees

Posted in : How do I handle it NI on 15 October 2013
Amanda Espey
Issues covered:

We want to hire a private investigator to monitor an employee who we suspect is submitting false timesheets, but I’m worried that the employee will say we are invading their privacy. How do I handle it?”

Amanda Espey writes:

The Information Commissioner’s Code of Practice on Employment Practices states that it will be rare for covert monitoring of employees to be justified. However, it is difficult for employers who suspect their employees of such activities to prove that this is happening without using covert surveillance.

The issue of covert surveillance was explored recently by the EAT in the case of City and County of Swansea v Gayle, when the court considered whether the use of covert

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Amanda Espey

The main content of this article was provided by Amanda Espey. Contact telephone number is 028 9055 3300 or email

View all articles by Amanda Espey