The issue of monitoring workers at work is very topical, as employers have had to address how to keep an eye on employees as they work from home during the pandemic. But as we gradually move back into the workplace, there are other ways in which employers might monitor workers. This could be done in various ways and for a range of reasons, such as:

• CCTV;
• drug testing;
• bag searches; and
• checking a worker’s emails or the websites they look at.

Data protection law covers monitoring that involves taking data, images or drug testing, but it is also a human rights issue. If workers are unhappy about being monitored, they can check their staff handbook or contract to see if the employer is allowed to do this. If they’re not, the worker might be able to resign and claim unfair (‘constructive’) dismissal.

Searches
Employers should have a written policy on searching. Searches should:

• respect privacy;
• be done by a member of the same sex; and
• be carried out with a witness present.

If a search or drug test is badly handled, workers might have a claim for discrimination, assault or false imprisonment.

Drug testing
Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook.

Employers should:

• limit testing to employees that need to be tested;
• ensure the tests are random; and
• not single out particular employees for testing unless this is justified by the nature of their jobs.

Workers can’t be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.

Email, CCTV and other monitoring
Employers must explain the amount of monitoring clearly in the staff handbook or contract. They should tell workers:

• if they’re being monitored;
• what counts as a reasonable number of personal emails and phone calls; and
• if personal emails and calls are not allowed.

Staff need to be advised how to use social media properly in their organisation, and how to follow their organisation’s policy’s guidance on social media activity. They should be told if their social media use is monitored.

Examples of monitoring could include:

• looking at which websites workers have visited;
• CCTV in the building; and
• checking workers’ bags as they leave.

Employers are not allowed to monitor workers everywhere (in the toilet, for example) and if they do not respect this they could be in breach of the Data Protection Act.