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31 July 2013 0 Comments
Posted in Employment, Opinion

Covert Surveillance

Author headshot image Posted by , Partner

In a case which will encourage employers which have problematic employees, the EAT in City and County of Swansea v Gayle has held that an employer has not breached the employee’s Article 8 rights by using evidence from covert surveillance to dismiss him.

In a case which probably turns on its facts but is nonetheless interesting, the employee was dismissed after the employer obtained covert video evidence showing him attending a sports centre on 5 occasions when he was being paid to be at work. The EAT noted that the video evidence was taken in a public place, of somebody in a public place (outside the sports centre), and held that people committing fraud can have no reasonable expectation that their conduct is entitled to privacy. The employee is meant to be working on the employer’s time at the employer’s business so he cannot expect that he should be able to keep from the employer what he was or was not doing.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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