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.