Privacy: Understand the legal pitfalls of monitoring remote employees

Rachel Tozer looks at the issues employers need to work through to help them decide whether electronic staff surveillance is justified An employer needs to be careful about treating one group of employees (such as remote workers) differently to another group (such as office-based workers). Recent reports that the Cabinet Office hopes to persuade civil …
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The Queen’s Speech: Hamlet without the prince

Stefan Martin and Jo Broadbent comment on the bills in the Queen’s Speech that will be relevant to employment law, despite the Employment Bill’s absence Commentators for employers and employees alike have suggested that the Queen’s Speech is a missed opportunity to safeguard worker rights. At the beginning of the year, there was a general …
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Confidential information: Possession is not nine tenths of the law

A recent case has highlighted the effectiveness of express provisions in protecting confidential documents retained by departing employees to use in subsequent litigation. Innes Clark reports It is essential that employers include a confidential information clause in their contracts, which should be properly drafted to meet the particular needs of the business. The change from …
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Employee monitoring: CCTV recording at work – principles and pitfalls

Mike Hibberd warns that it is no easy matter to act on evidence of misconduct or poor performance obtained through electronic surveillance CCTV systems must always be used for a specified purpose to further a legitimate aim and their use must be necessary for meeting an identified pressing need. Employee monitoring is always a hot …
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Data protection: Manage the practical and legal challenges of workplace coronavirus testing

With the Test and Trace service beset by problems, Chris Cook examines the data protection issues and other difficulties facing employers who wish to carry out their own tests for Covid-19 Health records are a special category of personal data, so if an employee does disclose their test result, the employer must take additional measures …
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