Some might argue that ‘spying on your staff’ breaks the implied trust and confidence between the Employer and the Employee however Surveillance of Staff is a perfectly legal, lawful and legitimate tactic to employ in order to protect your business against those members of staff who have broken that implied trust and confidence and also to protect the 99% of good and loyal employees whose jobs may be jeopardised by those minority who take liberties and burden the company with unfair costs.

Below are some examples of legal precedents where surveillance has been used successfully by companies to protect themselves.

McGowan v Scottish Water (2004)•

The Employment Appeal Tribunal held that covert filming of the home of an employee suspected of falsifying time sheets was justified, despite the fact it amounted to a breach of his privacy. The footage proved that he was submitting fraudulent time sheets.

Corus UK Limited v Mainwaring (2007)•

The employer argued successfully that an employee’s dismissal for malingering was fair, largely based on covert video evidence. It showed activities, including loading heavy shopping bags into a car, that were inconsistent with his claims of a back injury.
Browning v SITA UK Ltd (2010)•

An employee was found to be fairly dismissed despite conflicting evidence about his medical condition. After the company obtained a report stating Mr Browning was unlikely to be fit to return to his normal duties in the near future due to mobility problems, the company obtained a surveillance study that showed him walking to and around the shops with ease, plus witness reports from two contractors who both stated that they had seen Mr Browning walking normally, and even climbing around on top of his camper van. A second occupational health report was obtained but it was based on Mr Browning’s relayed history of his illness, rather than examinations.

Other effects of staff surveillance:

Staff surveillance also has several ‘knock on effects’. There is often a massive shift in attitude when the workforce becomes aware that someone has been disciplined or even dismissed due to a false sickness claim. Absenteeism and sickness can reduce dramatically when the word spreads that the company has employed ‘Private Investigators’ to gather evidence against staff they believe to be making false claims. The placebo effect can be incredible and those thinking about making a false claim will most certainly be deterred.

How can we help?

1. Getting rid of staff can be a costly and traumatic experience. Protecting yourself against false claims and avoiding Employment and Industrial Tribunals, the associated legal costs and massive unfair payouts is essential. We routinely help companies like yours protect yourselves against unfair claims by gathering evidence to prove the true situation and help you to defend your position.

2. We employ seasoned, experienced surveillance professionals many of them Ex Police officers with the skills and knowledge to properly and accurately document all evidence.

3. Our surveillance reports are court ready with supporting evidence i.e. photos, video etc.

4. We can carry out covert surveillance and evidence gathering before the disciplinary meeting or investigation and surveillance after they’ve made their claim.

5. Surveillance is also a useful tool to combat dishonesty at work, theft by employee, industrial espionage, sabotage etc. and any other behaviour that could be detrimental to the wellbeing of company and it’s honest, hardworking and loyal employees.

Generally once the claimant is aware of the evidence against them their case rarely goes to court or tribunal as the ‘shadow of doubt’ has been removed and their claim is seen and proven to be false.

Furthermore we offer a money back guarantee, that is to say, if we fail to prove or disprove that employee’s fitness for work we will re-credit your account with an investigation for you to use at a later dater.

For further details call us now on 0207 118 1168.

All areas of the UK covered.