0800 022 3410

Find a course

View all courses

Covert surveillance can be a legitimate method of checking up on sick employees, says EAT

In a recent case, the Employment Appeal Tribunal (EAT) has decided that, where the employee cannot do their main job because of illness, the default position is that he may not partake in paid work for another employer. At the very least, the employer's consent would be required. This consent could be in exchange for a reduction in the rate of contractual sick pay, paid by the employer. The EAT further concluded that covert surveillance does not contravene the individual's right to privacy under Article 8 of the European Convention of Human Rights (ECHR), providing the level of covert surveillance is not disproportionate to achieving its aims. 

MacRoberts Solicitors

Read this article in full here.

Sign up for email updates

Enter your email address to keep up to date with our news and special offers