The information Commissioner’s Employment Practices Data Protection Code

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.