The current pandemic has resulted in more employees working from home than ever before.
Many employers have been concerned about the impact this has had on staff productivity and IT systems not being used appropriately.
As a result, many are looking for ways to monitor their employees working from home, such as using software which records the websites they visit, as well as their keystrokes and mouse movements.
Some software even takes photos of staff through their webcams and uploads them for colleagues to see, so that everyone knows who is at their desk or not.
Unsurprisingly, the prospect of increased monitoring whilst working remotely is extremely unpopular with most employees. This is particularly the case given that many employees have actually reported that they are working harder than ever whilst at home, often logging on earlier and finishing later, especially if they are not having to spend time commuting.
Monitoring staff in this way carries a significant risk that the relationship of trust and confidence between employer and employee will be damaged, perhaps irreparably, leading to employment tribunal claims for constructive dismissal.
Employers must ensure they consider an employee’s right to privacy, which applies even when they are at work.
As a result, whilst many employment contracts or staff handbook policies may allow some monitoring of emails or internet use, it is recommended that employers conduct a privacy impact assessment before introducing any more stringent forms of monitoring.
This should carefully consider the purposes of the monitoring, the justification for it, any alternatives and if there are none, any measures that can be put in place to mitigate the impact on employees, such as limiting those who have access to the monitoring evidence and ensuring that they are properly trained in confidentiality and data protection.
Employees should then be fully informed that monitoring is in place, how and why this is being done, and exactly what is being monitored.
With home working looking like it is here to stay until at least the spring, employers should tread carefully before introducing additional monitoring practices.
They should ensure that they respect the boundary between work and home, which has certainly become much more blurred over the past year and led to increased expectations of privacy from employees, which will need to be delicately managed.
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