Experts have given a warning that employers monitoring workers’ emails, phones or webcams may find themselves in hot water.
According to a prominent UK union group - the TUC - there has been an increase in workplace surveillance during the pandemic, which could lead to widespread discrimination, work intensification, and unfair treatment of workers. They are advising that regulatory safeguards are put in place.
A survey of 2,209 workers in England and Wales, on behalf of the TUC and conducted by BritainThinks, showed that 60 per cent of respondents believe they are subject to workplace monitoring. This has increased from 53 per cent in 2020.
The surveillance consists of monitoring emails and files; employee webcams; keystroke logging; phone records and movement tracking via CCTV. The research also indicated that worker surveillance is more prevalent in certain job sectors - with 74 per cent of financial services workers being the most likely to report monitoring.
Frances O’Grady - TUC General Secretary - said in a statement:
“Worker surveillance tech has taken off during this pandemic - and now risks spiralling out of control.”
In addition to Frances O’Grady calling upon the government to create a right to disconnect outside of working hours - suggesting that it be included in the Employment Bill currently making its way through Parliament - the trade union is also requesting a statutory duty to consult trade unions before employers introduce the use of artificial intelligence and automated decision-making systems. They also ask for universal right to human review of high-risk decisions made by technology.
According to the poll, employees support new regulations on the introduction of new artificial intelligence - with 82 per cent saying that they supported a legal requirement to consult with staff before introducing the monitoring. This was up from 75 per cent in 2020.
Over three-quarters - 77 per cent - of employees also supported a ban on monitoring outside working hours, witnessing an increase up from 72 per cent in 2020.
Without careful regulation, 72 per cent of respondents believed that the use of technology to make decisions about workers could increase unfair treatment - a rise from 61 per cent in 2020.
Hayfa Mohdzaini - Senior Research Adviser in data, tech and AI at the CIPD - stated that ‘intrusive workplace surveillance can damage trust, have a negative impact on morale, and can cause stress and anxiety.’
She added:
“Noting the potential negative impacts of excessive monitoring, employers may get better results driving productivity through investing in line manager training and providing employees with the support they need to perform their best.”
Rachael Knappier - Director of Service at Croner - pointed out that failure to advise employees of any surveillance systems may be a breach of data protection regulations.
She added:
“Similarly, if employees don’t know they are being monitored, any information or evidence gathered through surveillance processes may not be able to be used when dealing with disciplinary or other issues.”
She also stated that it could negatively impact on employee relations and lead to individuals feeling like the implied term of trust and confidence has been breached by their employer, pointing out that:
“Such instances pose the risk of successful constructive dismissal claims being raised.”
Several businesses worldwide used monitoring during the pandemic, as office workers had to work from home - outside the view of managers. This raised concerns about staff well-being, with the World Health Organisation stating:
“…..refrain from excessive monitoring or surveillance of workers, including the inappropriate use of software that monitors computer usage or activates constant online video capabilities. Such measures reduce trust and may increase stress for teleworkers.”
