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Monitoring employees – what is a step too far?

Six in ten working people fear that greater workplace surveillance through technology will fuel distrust (65%) and discrimination (66%), according to research for I’ll Be Watching You, a new report published by the TUC.

The study reveals that most UK workers (56%) believe they are currently monitored by their boss at work.

This can take a variety of forms such as:

  • monitoring internet use, keystrokes and through webcams;
  • location tracking by handheld or wearable devices;
  • recording time away from work tasks (for example, timing toilet breaks); and
  • the use of facial recognition software to assess workers’ moods.

Workers worry that this surveillance data will be used by bosses to set unfair targets, micromanage them and take away control and autonomy.

Snooping outside of work

Three-quarters (74%) of workers say bosses should be banned from monitoring them outside of working hours. But a third (33%) think that their activity on social media accounts is being snooped on when they are not at work.

Lack of a say

Most workers (70%) think workplace monitoring will become more common in the future. But only a minority (38%) say they feel able to challenge forms of surveillance that they feel uncomfortable with.

Workers said that the least acceptable forms of surveillance are:

  • the use of facial recognition software and mood monitoring (76% against);
  • the monitoring of social media accounts outside of work (69% against);
  • the recording of a worker’s location on wearable or handheld devices (67% against); and
  • the monitoring of keyboard strokes (57% against).

Stronger protections

The vast majority of workers (79%) say employers should be legally required to consult their workforces and reach agreement before using surveillance.

The TUC says that while proper enforcement of the new general data protection regulations (GDPR) may help, new safeguards are needed to ensure that employers respect workers’ rights to privacy and prevent employers using excessive or intrusive surveillance at work.

TUC General Secretary, Frances O’Grady, said:

“Employers must not use tech to control and micromanage their staff. Monitoring toilet breaks, tracking every movement and snooping on staff outside of working hours creates fear and distrust. And it undermines morale.

“New technologies should not be used to whittle away our right to privacy, even when we’re at work. Employers should discuss and agree workplace monitoring policies with their workforces – not impose them upon them.

"Unions can negotiate agreements that safeguard workers’ privacy while still making sure the job gets done. But the law needs to change too, so that workers are better protected against excessive and intrusive surveillance.”

The TUC is calling for new protections to prevent excessive and intrusive surveillance at work:

  • Employers should only use surveillance for legitimate reasons that protect the interests of workers, such as ensuring people can work safely.  
  • Where unions are recognised, their agreement must be reached for any use of workplace surveillance.
  • Tougher enforcement is needed to ensure all workers in all workplaces are informed of any monitoring arrangements and the reasons for their use.
  • Stronger unfair dismissal rules are needed, along with updating of the information commissioner’s (ICO) code on employment practices to account for new technology. Courts and tribunal should take into account breaches of the Code when deciding if a dismissal is lawful.
  • Union members campaigning on workplace issues on social media must be protected from employer retaliation.

The full report can be accessed here.

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