Workplace monitoring has hit the headlines this week with reports that Aer Lingus has substantially increased its security measures to include widening the areas covered by CCTV and carrying out random security patrols of staff areas. The move was deemed necessary by the airline to prevent “theft of guest property, damage to company property and interference with colleagues’ property”. Although it is reported that Aer Lingus engaged with unions prior to implementing the new security measures, SIPTU remains opposed to any intrusions into union members’ downtime while they are on breaks.
Is extensive workplace monitoring lawful?
While it may be a contentious issue amongst staff members, workplace monitoring is a legitimate and legal method that employers can implement to protect their staff and business. Permitted methods of surveillance include maintaining CCTV systems, monitoring internet browsing history, inspecting email traffic, listening in on telephone calls or conducting employee bag searches. If implemented correctly, effective systems which monitor employee activity can help safeguard against harmful work practices and encourage higher levels of productivity within an organisation.
Big brother syndrome
Recent UK based research however has found that resentment is growing among employees to ever increasing levels of workplace monitoring. The report found that more than half of UK workers believe they are watched by their bosses and only 38% feel that they are able to challenge this. We reviewed a WRC claim on this topic earlier this year which can be accessed here.
Data protection considerations
Irish case law confirms that monitoring staff through the use of CCTV systems does not breach an employee’s right to privacy or the rights of employees as data subjects provided that the CCTV policy is clearly communicated to employees and the data is processed in accordance with data protection legislation to include compliance with GDPR.
The business case for employee surveillance
Electronic monitoring has been shown to be effective when it is for a clearly-defined and well-explained purpose that is targeted at specific measures of performance. Surveillance initiatives that are combined with clear performance management frameworks, employee compensation and benefits, can promote increased levels of productivity. The key for employers is to ensure they approach such initiatives in an open and fair manner that do not make employees feel as though they are constantly being watched.
The downside of surveillance
Excessive reliance on surveillance data can result in the setting of unfair targets and serve to diminish autonomy, which will have negative implications for employee morale. Employees may even respond by trying to subvert surveillance systems, creating further employment issues rather than preventing them.
Workplace monitoring and employee relations
While employers are legally authorised to monitor employees through various methods, it is prudent to implement these systems in an open, fair and lawful manner. It is also recommended that employers consider if surveillance is in fact, necessary and ensure that appropriate steps are taken to establish that any monitoring methods are proportionate to the risks involved. Best practice employers discuss and agree workplace monitoring policies with their staff rather than unilaterally impose them.
To find out more about lawfully monitoring your workplace, call our 24-hour advice line on 0818 923 923.
