The growth in working from home and hybrid forms of working has necessitated the development and enhancement of software which improve team communication and sharing. Some of these tools are very welcome, as they make for more efficient ways of working.
However, there is a more worrying side and this is where excessive tracking and monitoring takes place of certain individuals within a work setting which can lead to bullying, mistrust and ultimately a poor work atmosphere.
The TUC report into employee experiences of hybrid working, undertaken with University of Kent and King's College London, found that Global Majority workers were more likely to be impacted negatively when working from home - https://www.tuc.org.uk/research-analysis/reports/making-hybrid-inclusive and a report on the BBC website shows how this excessive monitoring is backfiring on employers https://www.bbc.com/worklife/article/20230127-how-worker-surveillance-is-backfiring-on-employers.
To rectify this situation employers need to be honest and transparent about what monitoring takes place and ensure that it is not just targeted at individuals or groups of people without justification. In order to keystroke log an employee when using a company device, for example, such permissions should be granted at the highest level of the organisation. No mid-level manager should be able to switch on and off such facilities at will and without due authorisations. These authorisations should be logged in a register accessible by the Data Protection Officer and should be sharable with the Information Commissioners Office. An annual report on all such monitoring should be available as a matter of public record.
Currently, workers do have the right to be informed about this intrusive monitoring in real-time, Something would normally be included in the terms and condition of employment document. Here it would state that an employer has the right to monitor employees electronically but a worker will still not necessarily know when this is happening. Workers need to be told when such systems are being switched on and off and should be able to demand the records from their employer. There is increasing evidence that employers are using such tools to track employees for errors so that they can be forced out of the door. The Government has promised to review and improve workers rights and the new Fair Work Agency (FWA) will be examining electronic monitoring as an issue for workers https://www.tuc.org.uk/research-analysis/reports/making-hybrid-inclusive. We look forward to providing a submission based on our research for their evidence base.
We will be holding an online session about this topic later this year which should of interest to female workers and Global Majority workers (BME) who are the two groups who are impacted most by evasive electronic monitoring in the UK. At the session, we will be sharing independent research that we have completed on this issue, with key recommendations for change. Additionally, we have some 'gamekeepers turn poachers' on the panel who will share details on how these electronic monitoring systems are implemented, operated and monitored and what needs to be done to protect workers.
The webinar will arm workers with the information required to understand whether they are being monitored and tracked and how to reduce the risk. It will also inform policy makers and we hope to have representation from the Government. This topic is vitally important, as note that in many cases, such pervasive tracking strays into the personal life of the employee - so for example if a worker has their company phone on their person whilst having an evening out with friends or the microphone on their device gets 'mysteriously' switched on allowing someone to listen in on domestic conversations!
Watch this space for more information.
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