Employee monitoring: How to avoid the legal pitfalls

As the gap between the law and how technology and social media is used in the work place continues to widen, how is it possible for employees and employers to clearly understand what is and what is not acceptable in terms of monitoring?

The quickening pace of technological advancements means that employees now have access to more tools than ever before, such as mobile devices and social media. While the use of these can be beneficial, employers want to ensure that this way of working will not leave them open to unexpected risks. These could include the leaking of confidential information, security issues, privacy concerns and liability for comments or actions of employees.

Employers therefore have entirely legitimate reasons for setting boundaries and acceptable standards of use. It may also be prudent for them to monitor IT systems to find out what their employees are actually doing and how they are performing. While the technology is undoubtedly there to do this (most people would be shocked what IT teams can see), employers should be aware of the legal implications.