Private investigators and surveillance of employees

In order to dismiss an employee fairly for misconduct the employer must have a genuine belief, based on a reasonable investigation, that the offence was committed. (Please see our Guidance Note on Terminating Employment for further information).

 

Most investigations can be carried out with the knowledge of the employee. However, it is sometimes necessary to conduct covert investigations, for example to confirm suspicions that the employee is moonlighting or fraudulently claiming to be sick, or, where alerting the employee might prejudice other investigations such as those conducted by the police.

 

There are many circumstances when employers may consider using the services of private investigators (PIs) to conduct a covert investigation.  However, this step must be taken with care and you should not instruct a PI just because it may give you the evidence you need.  You may need to subsequently rely on that evidence to defend any unfair dismissal claim.  However, obtaining and adducing covert evidence in legal proceedings may be in breach of the law set out below.  As a result, you may not be able to rely on the evidence, and, could potentially face prosecution for illegally obtaining it.