LAW firm Arthur Cox recently hosted a major risk management seminar at which some of Northern Ireland’s highest-profile employers were advised on how best to manage litigation, employment and health and safety risks.
The rules regarding the use of covert surveillance to obtain evidence regarding employee behaviour was one of the key topics at the event, entitled ‘Risk Management — legal considerations’.
The advice provided about covert surveillance follows a recent Northern Ireland tribunal ruling in an unfair dismissal claim brought by an employee regarding the use of covert surveillance by his employer.
More than fifty people attended the seminar including representatives from some of Northern Ireland’s most prominent businesses and public sector organisations, including Moy Park, AES, Northern Ireland Housing Executive and Ulster University.
Delegates were also advised on how Brexit will potentially impact areas such as cybercrime and cross-border litigation, as well as hearing about key changes to holiday pay, the importance of social media strategies and training, and the practical steps which companies and their directors can take to mitigate the risk of health and safety liabilities.
Speaking at the event, Emma-Jane Flannery, Employment Law Partner at Arthur Cox, commented: “The recent case against Bombardier is an interesting example of when it is justifiable, and indeed legal, for employers to record the activities of their employees whom they suspect of criminal or fraudulent activity.
“There are times when one of the only ways to obtain evidence is by covert surveillance.
“However, we would urge employers to be extremely cautious as they run the risk of falling foul of the Information Commissioner’s Code of Practice on Employment Practices.
“Covert monitoring is only likely to be lawful if there are grounds for suspecting criminal activity or serious misconduct.”
Looking at other areas of employment law risk, Emma-Jane added: “Holiday pay is another key employment law issue for which employers need to manage risk effectively, especially following a spate of cases which have been brought on the back of the Working Time Directive.
“It’s vital that employers carry out an in-depth audit of holiday patterns, the different payments made to staff, such as commission and overtime, and review contracts.”