In a message dated 30/03/05 10:51:39 GMT Daylight Time, [log in to unmask]
writes:
> Does anyone have any experience of the laws & protocols which cover
> monitoring staff suspected of misconduct (both at work and at home)
---------
Covert monitoring of staff is generally not allowed. An example of an
exception would be where there is a strong belief that a crime is being committed
(s29). It is unlikely that monitoring at a person's home could be done without
a contract term to cover it - HRA, DPA, and employment laws apply. Monitoring
their access to the server or mainframe should be done as a matter of course
- but not for the purposes of measuring their work rate, only security
purposes.
It is important to have a proper contract extension for home workers and a
comprehensive (and comprehendible) policy and procedures document. The policy
should cover DPA, HRA, DSE Health and Safety, employment rights and other
legislation, as well as the obligations on the employee. I believe someone on the
list was working on such a document a while back - maybe they could help if
the document is now completed. ??
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
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further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
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Derbyshire S43 3HP
(Reg 3822335)
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