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Only exceptionally, and on proper grounds. ICO guidance on monitoring workers treats covert surveillance as justifiable in rare circumstances, where there is genuine suspicion of criminality or serious malpractice, such as sickness absence fraud or moonlighting while signed off, and where telling the employee would defeat the purpose. It must be targeted, time limited and proportionate, ideally supported by a documented impact assessment.
Routine or speculative watching of staff is unlawful; the exceptional case is specific and evidence led. Typical qualifying scenarios are an employee claiming total incapacity while intelligence suggests they are working elsewhere, suspected theft, or breach of restrictive covenants. The employer should record the suspicion, why less intrusive checks will not answer it, the narrow question the surveillance will resolve and the time limit on the operation, which is exactly the documentation an external provider will help formalise before deploying.
Footage of an employee running a business or labouring while certified unfit feeds the ordinary employment processes: investigation, disciplinary hearing and, where dismissal follows, tribunal scrutiny in which proportionality and fairness of the evidence gathering are examined alongside the conduct itself. In serious cases the same material supports civil recovery or fraud referral. Observation is conducted in public places by external operatives, keeping workplace relationships and internal systems out of it.
A manager following a colleague is how legitimate concerns turn into harassment claims. Professional operatives work to the data protection framework described in is covert surveillance legal in the UK, produce evidence in the form tribunals expect, and stand behind it in proceedings. Employment solicitors regularly instruct us on behalf of employer clients precisely to keep the process defensible end to end.
Tremark's surveillance operatives are deployed nationwide for insurers, employers and solicitors, with evidential packages prepared to court standards and budgets agreed up front.
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This page provides general information about the law and practice in England and Wales and is not legal advice. Rules change and individual circumstances vary; always take advice from a solicitor on your specific situation. Prices shown are indicative, exclusive of VAT and confirmed in writing before any work begins.