Unfair dismissal - a legal guide for union reps (November 2014)

Chapter 4

The information Commissioner’s Employment Practices Data Protection Code

[ch 4: page 29]

Employers carrying out covert surveillance should follow the principles set out in the above Code, available from the Information Commissioner’s website. However, in City and County of Swansea v Gayle [2013] UKEAT 0336/12/2106, the EAT confirmed that the Code has the status of non-statutory guidance only. This means that an employer’s failure to follow it will not make a dismissal unfair.


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