Recording employees without their knowledge can present human rights issues and we would never suggest that this is something a business does routinely. However, a recent Employment Appeal Tribunal (EAT) hearing has seen case law tested in this area. The case looked at whether employers could undertake covert surveillance in order to prove fraud.
The area of whether or not covert recordings can be used as evidence in employment tribunals has always been fairly complicated but there have been important developments that mean employers need to exercise additional caution.
There have been two cases in recent months which have reinforced the need to ensure that your employment contract reflects the reality of the working relationship you have with your employees. We provide insight into these cases then guidance on employment contracts.
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