Workplace surveillance and employment law

No one wants to feel that they’re not trusted or that they’re being watched.

While the relationship between an employer and employee is intended to be based upon mutual trust and confidence, the digitisation of the workplace has brought a whole host of new ways for employers to monitor their employees.

The Data Protection Act doesn't prevent employers from monitoring their employees, but employers should remember workers are entitled to some privacy at work.

This podcast will answer the following questions:

  • how much privacy should an employee expect at work?
  • when/how can employers monitor staff and where should the line be drawn?
  • can an employee’s conduct on social media outside work be used to justify disciplinary action?
  • what’s the attitude of the employment tribunal towards covert recordings?


  • Shantha David, in-house lawyer at Unison
  • Shantha was Liberty Human Rights Lawyer of 2017 and won the Lexis Nexis Halsbury Rule of Law Award in 2018, for leading the UNISON v the Lord Chancellor case, where the Supreme Court ruled that employment tribunal fees were unlawful.

  • Max Winthrop, partner and head of employment law at Short Richardson and Forth Solicitors
  • Max also chairs the Law Society’s Employment Law Committee.

  • Nick Denys, employment and company law policy adviser at the Law Society
Listen to the podcast:

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