Use of covert surveillance in disciplinary investigations


Successive LRD surveys of reps indicate that in many workplaces material obtained through covert surveillance is used as evidence in disciplinary investigations. Some examples, such as using CCTV to detect theft or violence, are not normally controversial. But others, for example using surveillance to detect clocking infringements, breaches of vehicle policies, allegations of excessive internet use, or using investigators to collect video evidence of physical activity to show that sick pay claims are “bogus”, cause real concern amongst union reps. The law governing the use of covert surveillance material in disciplinary investigations is looked at in Chapter 7. Reps should note the stringent restrictions placed on the use of covert surveillance by the ICO Code. 


A number of reps mentioned the use of private investigators or other individuals to follow workers on sick leave. This includes the case of an employee off sick who lived at a family bakery, and was dismissed after someone claimed to have seen her serving there.


Reps defending workers accused of sick pay abuse may also find some of the material in the LRD guide Sickness absence and sick pay (2015) useful (http://www.lrdpublications.org.uk/publications.php?pub=BK&iss=1779).