Employment alert: squash, lies and video tapes

In accordance with article 8 of the European Convention on Human Rights, employees are entitled to their privacy. However, whether privacy will be breached by the employer in gathering evidence with an aim of dismissing the employee will depend on the facts.

In City and County of Swansea v Gayle, Mr Gayle was in a habit of leaving the office to play squash while claiming he was still at work. In order to gather evidence in support of its suspicions, the employer covertly obtained video evidence showing Mr Gayle leaving a sports centre at a time he was claiming to be at work…

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