Workplace monitoring technologies - to regulate or not

The government is asking whether workplace monitoring technologies (WMT) should be regulated.

Evidence suggests, says the government in a consultation paper, that there’s been an increase in the use of workplace monitoring technologies (WMT). While the government believes that the responsible, transparent and proportionate use of WMT has the potential to enhance outcomes for both employers and for workers, it also thinks there are potential risks and harms where WMT is poorly designed, explained or governed. The consultation is therefore seeking views on whether further intervention is needed to improve transparency, worker engagement and accountability, and whether any intervention should have a regulatory basis.

Labour’s Plan to Make Work Pay set out that the introduction of surveillance technologies in the workplace should be subject to consultation and negotiation, with a view to agreement of trade unions or elected staff representatives where there is no trade union.

The consultation lays out 8 principles which reflect the government’s pre-consultation view of what good practice looks like in terms of how WMT is introduced and used.

Purpose and rationale – employers should be clear about why WMT is being used. This includes the specific workplace issue the technology is intended to address and how the outputs of WMT will support this aim.
Transparency and understanding – workers should be given clear, accessible and timely information about the use of WMT, i.e. what data is collected, how it is used and how it may influence decisions affecting them.
Worker engagement and voice – meaningful worker engagement is central to the responsible and effective use of WMT. Employers demonstrating best practice should engage with workers, trade unions or elected representatives when WMT is introduced or relied upon in significant decisions affecting workers such as how work is organised, assessed or managed.
Fairness and equality – employers should ensure the use of WMT is fair and that it does not lead to discriminatory, disproportionate or otherwise unfair outcomes.
Necessity, proportionality and privacy – employers should consider whether less intrusive measures could achieve the same outcome and avoid ‘scope-creep’ as new features or use cases emerge over time.
Human oversight and accountability – decision makers must understand the systems they oversee. Employers should ensure appropriate safeguards are in place, including meaningful human oversight, and that workers are able to question and, where appropriate, challenge decisions that affect them in a timely way.
Dignity and wellbeing – employers should consider impacts on mental health and wellbeing and set out the steps taken to monitor and mitigate potential risks to workers’ rights and health and safety.
Accuracy, reliability and review – employers should regularly assess whether monitoring remains necessary, whether it is sufficiently accurate and reliable to achieve its intended purpose, and whether it continues to operate in a fair and proportionate way.

The consultation goes on to lay out the options for any intervention. These might include: