Employers looking to monitor the conduct of their employees should consider their actions carefully, particularly in light of the requirements of the new data protection laws coming into force in May.

In a recent legal case, a Spanish supermarket set up hidden CCTV cameras to monitor its employees after it uncovered theft at one of its stores. The footage collected showed five employees stealing items. The employees were confronted and admitted to theft, after which they were dismissed.

They pursued unfair dismissal claims, arguing that the use of the covert video evidence was an infringement of their privacy rights. The European Court of Human Rights agreed that the use of covert cameras constituted a violation of the employees' right to privacy and breached Spanish data protection law.

How does this apply in the UK?

This decision is applicable within the UK, where the Information Commissioner's Office guidance states that covert monitoring should only be used in exceptional circumstances, such as:

• a specific investigation into suspected criminal activity

• the apprehension or prosecution of offenders

Four things Watford employers should bear in mind:

• In order to make an assessment if prejudice is likely, employers must conduct a detailed investigation and obtain senior management approval.

• Under the GDPR, coming into force in May, they must also conduct data protection impact assessments when undertaking processes that are likely to result in a high risk to the rights of individuals.

• Employers who use video surveillance should ensure that they have a policy in place setting out what CCTV monitoring takes place, the reasons why it has been deployed and how the recordings are used.

• Covert monitoring should be targeted to affect as few individuals as possible and undertaken for the shortest period necessary.