Candid camera — employer's filming of employee was not a human rights breach

The employer in City and County of Swansea v Gayle was informed that an employee had been seen playing squash at a sports centre on two occasions when he was paid for being at work. The employer secretly filmed the claimant, which confirmed this and he was dismissed.

His claim for unfair dismissal in the tribunal was successful on the basis that Article 8 of the European Convention on Human Rights (right to respect for private life) had been breached by the use of the covert surveillance.

The Employment Appeal Tribunal (EAT) allowed the appeal, noting that individuals in public places do not have a reasonable expectation of privacy and that an employer is entitled to know where someone is and what they are doing in the employer’s time…

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