Private investigators checking on homeworking

Private eye

Instructing a private investigator in relation to employment matters isn’t anything new. Over the years, they’ve often been hired to ascertain whether an employee is being truthful about sickness or an injury. In October 2020 there was a media report about firms who have taken the step of hiring a private investigator due to coronavirus changes.

New world

One private investigator who was interviewed for the report said that he had personally encountered a steep rise in employer clients who wanted to know whether their employees were actually working at home and if those who claim to be self-isolating are telling the truth. He had also been asked to check that employees were really quarantining on their return from holiday and if staff were working for third party employers.

Is this legal?

Another private investigator explained that he had received several enquiries from employers who have staff that have refused to come into the workplace “due to their anxiety of leaving home during the current pandemic” . Contrary to this claim, they have then been seen out and about. Instructing a private investigator might sound like an extreme step, but is it legal?

Allowable intervention

There’s nothing to stop you from hiring a private investigator to check up on an employee, but this should only happen where you have real and genuine concerns. Don’t instruct a private investigator to undertake routine spot checks on all staff as a matter of course on your behalf. That would be unreasonable on your part.

That said, if you had genuine suspicions about the employee’s whereabouts during working hours you are within your rights to investigate this.

Professional boundaries

Private investigators are required to work within certain parameters when gathering evidence. However, any recording that takes place in a public setting, e.g. of an employee socialising outdoors, can be used as tribunal evidence.

Tip. An employee can’t claim that a recording of this nature breaches their human rights - that particular argument has been attempted on several occasions and generally failed. Recordings taken inside the employee’s home are different and should be avoided.

Tip. Whilst instructing a professional private investigator might seem like a good idea, their services come at a cost. Always weigh up the benefits before instructing one.

Tip. Don’t ask another employee or a manager to check up on an employee unannounced. This would be deemed an invasion of the employee’s privacy. You should only go to an employee’s home address with their express permission, and all arrangements should be made in advance.