Whistle-blowing and Surveillance

Whisteblowers at Work

There is some protection for workers who are concerned about malpractice at work and who publicly disclose information about their employer's activities. This is called 'whistle-blowing'. The information disclosed must relate to:

  • a criminal offence
  • a failure to comply with a legal obligation
  • a miscarriage of justice
  • a health and safety issue
  • damage to the environment
  • an attempt cover up any of the above.

Surveillance at Work

Employers have the right to monitor their employees' communications, for example:

  • postal communications
  • telephone calls
  • faxes
  • emails
  • internet use
  • by CCTV use.

In some circumstances, an employer can also monitor what their employees are doing by using CCTV.
Monitoring and surveillance is only permitted by law if:

  • the monitoring is relevant to the employer's business
  • the telecommunications system is provided for use partly or wholly in connection with the employer's business
  • the employer has made all reasonable efforts to inform users that their communications will be intercepted.

Ideally, an employer should have a code of conduct or policy about surveillance. If it has been agreed with the employees, it will form part of the contract of employment and can be the basis for disciplinary action.

If you believe that your employer has been monitoring your communications in a way which is not permissible, there are a number of ways in which this can be challenged in a number of ways. Contact your Union representative.