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Big Brother at work

by Work Rights Expert, Rachel Lewis
continued from page 2
CCTV
The use of CCTV in the workplace isn't currently regulated under UK law, although the government has published a voluntary code of practice. This contains various helpful bits of advice. It asks employers to:
  • position cameras so that they only capture relevant images
  • put up signs to say that CCTV is in use UNLESS the cameras are there to identify criminal activity and such signs would warn any likely offenders
  • ensure that they don't record conversations between employees
  • retain data for 28 days and then wipe clean and reuse the tape
  • allow employees to see the recorded images.So far, so good. But unfortunately the code is voluntary and there's nothing much you can do to make your employer follow it. All in all, not very encouraging. If you're caught on camera, realistically your only other option is to argue that in filming you, your employer has damaged your faith in the employment relationship - and you could resign and sue. If you win your case, you could come out of this pretty well in financial terms. But it's still a pretty dramatic response to have to make.

    Phone-tapping
    Lots of employers routinely tap telephones. They argue it helps to assess employee performance, ensure customer satisfaction and record evidence of business transactions. Again, a blatant breach of what most believe is a right to privacy at work. Your boss could be listening in to details of what your boyfriend's going to be cooking for your supper, or discovering just how irate your bank manager is about your overdraft. Surely, this time, there's something you can do about it? Sorry - the RIP code allows your employer to tap your phone, on the same grounds that emails can be monitored.

    Human Rights Act
    So, is the Human Rights Act going to help in the fight against RIP and Big Brother? On the face of it, the Act gives you a number of rights - including respect for your private and family life, your home and your correspondence. Sounds good - the monitoring of phone calls, emails and the use of CCTV all potentially breach these freedoms. But the Act only applies directly to public employers - and even here, there are a number of defences. If your employer:

  • sets out the manner in which it expects its email, Internet and telephones to be used;
  • informs staff that they may be monitored in certain circumstances; and
  • the monitoring is done on a reasonable levelthe chances are none of the above will be breaching your human rights.

    So, Big Brother is most definitely out there. Do you play him at his own game, or do you stick your neck out and risk getting the boot? The safe advice must be to use your company phone and computer reasonably - employers will rarely dismiss on the basis of only moderate personal use of their equipment. Your employer should be making it quite clear to you what is and what isn't acceptable use of its systems ? if it doesn't, chances are any action it takes against you won't be lawful.

    It's definitely true to say that companies are worried about the effect of heavy-handed monitoring on staff morale. But, like me, you may still find it deeply disturbing that they're monitoring everything you do - and that they can get away with it.



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