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ARTICLE · 22 JULY 2013

Beware - Big Brother Is watching...

Many employers ask whether or not they can safely use covert surveillance footage as evidence against an employee during the disciplinary process.

United KingdomEmployment and HR

Many employers ask whether or not they can safely use covert surveillance footage as evidence against an employee during the disciplinary process. A recent case has provided useful guidance. Reema Jethwa from our Employment Team explains.

In the case of City and County of Swansea v Gayle, Mr Gale was seen by a colleague playing squash at a local sports centre when he should have been at work. The same thing happened about a month later and so Mr Gayle's employer decided to hire a private investigator who was able to film Mr Gayle coming out of the sports centre on five subsequent occasions when had told his employer he had been working. After completing their investigation and reviewing the footage, the Council dismissed Mr Gayle for claiming pay for time that he had not actually been working but had instead been playing squash. 

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