The next step

The ICO’s Employment Practices Code

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Covert cameras in workplace toilets

Strange red light

According to media reports in October 2021, the retailer IKEA has been left red-faced after an employee spotted a red light between the panels of a suspended ceiling in a staff toilet at its Peterborough warehouse.

The employee, who had spotted the red light when the main lights were off, subsequently reported the matter to managers.

In other locations

A search of the location revealed that a covert camera had been placed in the ceiling cavity. Similar devices were later found in other staff toilet facilities.

IKEA has since stated that the covert cameras were installed as a security measure in 2015 t o “detect alleged activity that could result in serious injury to co-workers, and to maintain a high level of safety on site” .

Hidden activities

It also insists that the covert cameras were only ever intended to film activity taking place in the roof space or corridors.

However, as IKEA hasn’t disclosed exactly when and how the hidden cameras were last used, its staff are said to be concerned that their comfort breaks might have been secretly recorded without their knowledge.

We’ll leave this issue between IKEA and its staff, but what’s the legal position with regards to covert cameras in staff toilets - are they acceptable or not?

Over to the ICO

The Employment Practices Code , which is issued by the Information Commissioner’s Office (ICO) says: “ Do not use covert audio or video monitoring in areas which workers would genuinely and reasonably expect to be private” , e.g. toilets and changing rooms (see The next step ).

However, the Code goes on to say that there may be exceptions to this general rule in cases where an employer is suspicious that serious crimes are being committed in private areas, such as toilets, but in these circumstances there should always be a clear intention to involve the police.

Possible crimes

Illegal drug taking and dealing, theft of employer or staff property or physical or sexual assaults are just some examples of serious crimes which could take place in staff toilets. If you are in any doubt, report your suspicions to the police before you install any covert cameras in private areas.

Tip. To justify the installation of covert cameras in staff toilets, you must have grounds for believing that serious crimes are actually taking place in these areas, i.e. you can’t install them just to check that nothing untoward is going on.

Tip. Where the installation of covert cameras is justified, their use must always cease after the employer’s investigation has been completed. Covert cameras should not be left in situ for extended periods of time or permanently.

For the ICO’s Employment Practices Code, visit https://www.tips-and-advice.co.uk, Download Zone, year 23, issue 19.