Page 10 - Gi_April2022

management & education news

EMPLOYEE SURVEILLANCE RISKS ‘SPIRALLING

OUT OF CONTROL’, TRADE UNION WARNS

EMPLOYEE SURVEILLANCE IN
the workplace has risen during the
pandemic and now risks “spiralling out
of control”, a trade union has said.
A survey of 2,209 workers in England
and Wales, conducted by BritainThinks
for the TUC, found three in five (60 per
cent) workers said they had been under
surveillance or monitored at work
in 2021, compared to 53 per cent of
respondents in a survey the year before.
In particular, more workers reported EMPLOYEE SURVEILLANCE IS ON THE RISE
monitoring of staff devices (24 per cent
in 2021 compared to 20 per cent in according to People Management. Employment Bill currently making its
2020) and monitoring of phone calls (14 Frances O’Grady, General Secretary way through Parliament.
per cent compared to 11 per cent) than of the TUC, warned that worker The trade union is also calling for a
in the year before. surveillance technology had “taken off statutory duty to consult trade unions
Employee surveillance can also include during this pandemic, and now risks before employers introduce the use of
monitoring of emails and files, webcams spiralling out of control”. She called artificial intelligence and automated
on work computers, as well as tracking on the government to create a right to decision-making systems, and universal
a worker’s typing, calls and movements disconnect outside of working hours, right to human review of high-risk
using CCTV and trackable devices, suggesting that it be included in the decisions made by technology.

TRICKY ISSUES FOR EMPLOYERS AS ENGLAND ENDS COVID RESTRICTIONS

UK EMPLOYERS WILL have to Metcalfe, who works for law firm
carefully balance workplace health and Pinsent Masons, said that the differing
safety risks, particularly for vulnerable approaches created “a compliance
staff, as the country’s approach dilemma” for employers.
to managing Covid-19 changes, “Although Covid-specific rules
employment law and workplace health around testing, self-isolation and mask-
and safety experts have warned. wearing will differ throughout the UK,
England’s remaining Covid-related the health and safety risks posed to
legal restrictions ended on 24 employees by Covid-19 are essentially THE WITHDRAWAL
OF FREE TESTING POSES A
February as part of plans to “live with the same everywhere,” she said. CHALLENGE FOR EMPLOYERS
and manage” the risk of Covid-19. “Employers may use England as a
This includes the legal requirement baseline and add any further mitigation requirements. “However, if free tests
to self-isolate following a positive test measures required by law in the are no longer available, it is unlikely
or as an unvaccinated close contact of a devolved nations – but, in doing so, they that many employees will be testing to
positive case; additional local authority may inadvertently demonstrate that know whether they have Covid in the
powers to tackle local outbreaks; from a health and safety perspective, first place,” she said.
routine contact tracing; and the £500 it is reasonably practicable to do more Data protection expert Katy
self-isolation support payment. to address the risks of Covid-19 than is Docherty warned that employers
From 1 April, the government now being done in England. The other collecting data on Covid-19 infections
will no longer offer free community option available until now is that some or vaccination status among their
Covid-19 testing, including both employers have designed measures to staff would have to look at this
symptomatic PCR tests and comply with whichever set of rules is data gathering again in light of the
asymptomatic rapid lateral flow tests. the most stringent and applied these government’s change in approach.
Free testing will instead be targeted everywhere – but the withdrawal “Employers will need to consider,
to symptomatic cases in “a small of free testing and isolation on a case by case basis, why they
number of at-risk groups” according to requirements now makes that a might still want to gather data about
the Prime Minister. The requirement challenging approach too,” she said. employee health or vaccination status,
that employers explicitly consider Employment law expert Anne and consider whether they have a
Covid-19 in their health and safety risk Sammon said that even without a legal lawful basis and processing condition
assessments will end on the same date. requirement to self-isolate, employers under data protection law to allow
Health and safety expert Katherine could still impose their own them to do so,” she said.

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