How Can Employers Minimise the Impact of Employee Monitoring?

Recent reports show that the extent of workplace Internet and email monitoring is increasing, likely faster than the size of the online workforce itself. The Workplace Surveillance Project, part of the Privacy Foundation, estimates that of the worldwide online business community, more than 27%, or 27 million, are subject to monitored emails and web use.

Darren Sherborne of law firm BPE comments: "Monitoring isn't just about e-mail and web use. Many employers routinely track telephone calls, use of company cars and even movements around buildings through access control. It's partly a drive towards productivity and partly a need to protect sensitive business information, but getting monitoring policy wrong can lead to significant down time thanks to resentment, confusion and employees trying to 'buck the system".

BPE recently polled a selection of employees based in Cheltenham and Birmingham, and found that, while more than half thought monitoring fair, almost all (92%) thought that they should be aware of their employers' policies. While most employees are aware that their e-mail and web use could be subject to tracking, most were unaware of the extent of their employer's legal rights to monitor.

Employers may legally record telephone conversations - whether external or internal; log computer usage - how long you have worked on a given document, what you are writing or reading, how many keystrokes per hour the terminal is registering; access voice mail, and track internet usage, including 'private' accounts such as Hotmail or Yahoo. While employees may take care to erase trails of evidence, knowledgeable employers are able to trace data through back up tapes and mainframe servers.

To minimise the negative impact of implementing a monitoring policy, Sherborne advocates an open approach with good employee communications: "To make a monitoring policy effective it must be transparent. While most forms of monitoring are wholly permissible in law, current regulations stipulate certain criteria on when monitoring is justified, and how this is communicated with those affected.

"If in doubt, be transparent. Let employees know what will be monitored and how and why. If you are implementing a new policy, take specialist advice. Carry out an impact assessment - how will staff be affected? What new processes will be put in place? Then, and only then, set your parameters around what is acceptable.

"There must be no grey areas. Protocols will dictate whether, for example, contact with competitors or former employees is acceptable. Then communicate, communicate, and communicate again. Employees must be clear on how they will be monitored and what will contravene your policies."
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