Being monitored at work: workers' rights

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1. Overview

Employers might monitor workers. This could be done in various ways, like:

  • CCTV

  • drug testing

  • bag searches

  • checking a worker鈥檚 emails or the websites they look at

Data protection law covers any monitoring that involves taking data, images or drug testing.

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鈥檙e not, the worker might be able to resign and claim unfair (鈥榗onstructive鈥�) dismissal. But this is a last resort - they should try to sort the problem out first - read the advice to help solve a workplace dispute.

Searches

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

  • respect privacy

  • be done by a member of the same sex

  • be done with a witness present

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

For advice about work issues, talk to , or your trade union representative.

2. 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

  • not single out particular employees for testing unless this is justified by the nature of their jobs

Workers can鈥檛 be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.

3. 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鈥檙e being monitored

  • what counts as a reasonable number of personal emails and phone calls

  • if personal emails and calls are not allowed

Examples of monitoring could include:

  • looking at which websites workers have visited

  • CCTV in the building

  • checking workers鈥� bags as they leave

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

Read the advice on workplace disputes or talk to for more advice. Workers can also contact their trade union representative.