Vetting and Monitoring Employees: A Guide for HR Practitioners [Hardback]

Introduction		1	(4)
General Legislative Framework		1	(1)
History		2	(3)
The Law on Monitoring Telephone Calls and Emails and Internet Regulation		5	(12)
Introduction		5	(1)
Statistics		5	(1)
Reasons Why Employers May Wish to Monitor and Record Communications at Work		6	(1)
The Law		6	(2)
Guidance		8	(1)
The Regulation of Investigatory Powers Act 2000 (RIPA)		8	(2)
Consent		10	(1)
The Detail		10	(1)
Personal Emails		11	(1)
Definitions		11	(1)
Authorised Interceptions		12	(2)
Monitoring but not Recording		14	(1)
Lawful Monitoring and Recording -- Making Reasonable Efforts to Inform Staff		14	(1)
Unauthorised Interceptions		15	(1)
Precedent		15	(1)
Civil Liability		16	(1)
Monitoring Telephone Calls		17	(16)
Introduction		17	(1)
Admissibility in Court		17	(1)
Criminal Proceedings		18	(2)
Recordings Allowed in Employment Tribunals and Internal Disciplinary Hearings		20	(1)
The Privilege Against Self-Incrimination		21	(1)
Entrapment		22	(1)
Detecting Potential Breach of Contract -- Going to Work for a Competitor		22	(1)
Human Rights		23	(1)
Personal Calls -- Telephone Policy		24	(1)
OFTEL'S Guidance		25	(8)
Disciplining and Dismissing Employees		33	(16)
Rules Must Be Clear		33	(1)
Employer's Decision to Dismiss Must Be 'Reasonable'		33	(2)
The Punishment Must Fit the Crime		35	(1)
New Procedure		36	(1)
Factors to Take into Account		37	(2)
The Rules		39	(1)
Making Staff Aware of the Rules		39	(1)
Sliding Scale of Punishments		40	(2)
Some Employees Are Expected to Know!		42	(2)
Cases		44	(4)
Log on Messages		48	(1)
Harassment, Diversity and Pornography		49	(14)
Introduction		49	(1)
Dismissal of Chief Executive		50	(1)
Amnesty Given at the Ford Motor Company		50	(1)
Other Dismissals		50	(1)
Distributing and Forwarding Emails		51	(1)
Banning Inappropriate Material in the Workplace		51	(2)
Rules and Disciplinary Offences		53	(1)
Grading the Offences and the Penalties		54	(1)
Cases		54	(3)
Admitting the Offence but 'It was a Mistake'		57	(1)
Criminal Conduct		57	(1)
Vicarious Liability for Criminal Acts of Employees		58	(2)
Internet and Email Stalking		60	(1)
Catching the Sex Pests in the Office		60	(1)
Being Caught by Email		61	(1)
Internet Use -- Discrimination, Harassment and Dismissal		62	(1)
Covert Surveillance and Data Protection		63	(10)
Introduction		63	(1)
Use of CCTV		63	(1)
Checklist for Use of CCTV Produced by the Information Commissioner		64	(2)
RIPA		66	(1)
Monitoring Under the Data Protection Act 1998		66	(3)
Evidence Obtained Illegally		69	(1)
Using Private Detectives		70	(1)
In-Vehicle Monitoring		71	(2)
Data Protection and Freedom of Information		73	(22)
The Data Protection Act 1998 and Freedom of Information Act 2000		73	(1)
The Eight Principles -- Schedule 1 of Data Protection Act 1998		74	(1)
Enforcement		74	(1)
The Durant Case		75	(2)
The FOIA 2000 Amendment		77	(1)
Exemptions to Data Subject Access Requests		77	(1)
Obligations on those who Control the Processing of Data		78	(1)
Data Subject Rights		79	(1)
Exemptions		79	(1)
Disclosure to Third Parties		80	(3)
Disclosure to the Data Subject in Legal Proceedings		83	(1)
Data Matching		84	(2)
Holding and Processing Data		86	(1)
Retention of Personnel Records		87	(1)
Recent Data Protection Legislation		88	(1)
Access to Personnel Records		88	(1)
Conclusion		89	(1)
New Technology		89	(1)
Research Data		90	(1)
Marketing		91	(1)
Some Key Definitions		92	(3)
Human Rights and Monitoring Employees		95	(16)
Right to Respect for Privacy, Family Life and Correspondence -- Article 8		95	(1)
In Accordance with Law		95	(1)
The Legitimate Objectives		96	(1)
Necessary in a Democratic Society		96	(1)
Scope of Rights Protected by Article 8		97	(8)
Tapping Company Telephones		105	(3)
Data Protection Act Implications		108	(3)
Pre-Employment Checks and References		111	(20)
Pre-Employment Checks		111	(5)
References		116	(6)
Agreed Wording in Compromise Agreements		122	(1)
No Negative Inference		123	(1)
Data Protection		124	(1)
Data Subjects Right of Access		125	(1)
Different Types of References		126	(1)
To Whom the Duty of Care is Owed		126	(1)
Automated Decision Making		127	(1)
Working with External Agencies		127	(4)
Defamation and the Internet		131	(8)
Introduction		131	(1)
What is Defamation?		132	(1)
Defences		132	(1)
Defamation Act 1996		132	(1)
Libel on the Net		133	(1)
Lessons from GODFREY		134	(1)
Norwich Union Case		134	(1)
Email Libel		135	(4)
Email and Internet Policies and Procedures		139	(6)
Why Have a Policy?		139	(3)
Questions and Answers		142	(3)
Appendices: Policy Documents		145	(48)
Policy 1		147	(35)
Policy 2		182	(5)
Policy 3		187	(6)
Index		193

Gillian Howard is an employment lawyer, specialising in employment law, personal injury and medical negligence. She has both corporate and individual clients and has a wide-ranging practice in both contentious and non-contentious work. She represents clients at tribunals as well as advising and drafting on company policies and procedures. She is author of many publications, including Tolley's Drafting Contracts of Employment and Fitness for Work - Medical Aspects, published by Oxford University Press. She regularly writes articles in HR and medical journals. She appears on the TV and radio on employment law issues. She is an Honorary Fellow of the Faculty of Occupational Medicine, Royal College of Physicians and Honorary Senior Lecturer at the Institute of Occupational Medicine at the University of Birmingham.