Is it legal to electronically track your employees in the loo?

[stupidstupider]

My DH works for a company that introduced 'lone worker' devices for some of the workforce for H&S reasons. They activate if left in one position for too long, and also for falls. At the initial meeting they were assured that it was solely for their own safety and that they would never be used as a 'big brother' means of tracking their movements.

My DH has now been asked to account for the 15 minutes last week between his time sheet and the tracker being switched off & on, and also to account for discrepancies up to 18 months ago. He has to shower off as part of his job, so obviously doesn't take it in there with him at the end of the day, and often talks to other employees/needs to change into uniform at the start of the day before getting to the office where the device is kept. He's also been told that they track him to 5 metres accuracy, which makes it obvious that they can 'watch' him when he's on the loo.

Is this even legal? Can you track your employees every move without their consent?

I guess it's only the same as I have to click "toilet" on my computer if I go to the toilet or make a brew, so technically I'm tracked for every minute. My laptop records calls both audio and my screen and my manager knows whether I'm on a call, doing an email or nipping to the loo!

I imagine there will be something within a contract or document to say that this is allowed

Christ.

What a dystopian nightmare!

If they have a lone worker device they do consent though. No lone worker device no job. This is not particularly unusual, same as with a work iphone having to have find my iPhone turned on. Also no one is actually sitting monitoring these things. They are only going to be tracked if something has gone wrong. Failed to turn up at an appointment, missing from the office etc. I have been extremely glad I could track my staff on several occasions - for their benefit not mine.

The timesheet discrepancy- would they not be expected to only 'clock on' once they are ready to start work?
So get changed / chat to other colleagues before starting work. That was always what I had to do in a job that requires changing before starting. If we started at 9 and it took 10 mins to change, we would be expected to arrive at 8:50 so that we were ready to work at 9. Likewise, we clocked off before changing to go home.

I guess it's only the same as I have to click "toilet" on my computer if I go to the toilet or make a brew, so technically I'm tracked for every minute. My laptop records calls both audio and my screen and my manager knows whether I'm on a call, doing an email or nipping to the loo!
😮x100
That sounds so suffocating.

@notacooldad it's pretty standard contact centre stuff to be honest. My screens are only recording when I'm on a call and my manager is in the same room (when I'm not WFH) so he knows what all of us are doing anyway!
You just can't wander off and have a chat/skive/cig when you want, that's all really

Gosh this sounds horrendous.
Has this been agreed with the unions ?

We use to have a system similar to this, and would make notes on the system explaining gaps, but only in 4 week blocks not months after the event !

I can’t believe companies do this!!!!

Presumably, they're not actually watching him, and this device tracks location/movement and sends an alert in real time if a lone worker is immobile for too long

That is of course good and an important safety measure for lone workers. Who could keel over in the loo as well as elsewhere.

The use of the logs, rather than the real time monitoring, is a different issue. Justifiying taking the tracker off will of course happen. Remember, the whole point of the tracker is to know that the lone worker is safe and moving around. If the tracker is taken off, that is not happening, and their H&S precautions is voided.

But what seems to be happening here is that it's being used as a proxy for close cling on and clocking off. He needs to fetch his and activate it before his conversations with colleagues (assuming these are the necessary part of the handover, so are on working time) and although you probably can't wear it in the shower itself, it should stull be nearby and switched on.

Op has already said they're asking his where anouts for 15 mins so clearly
They aren't just using them for staff safety.

Don't know what it's coming to when staff are being tracked.

I would def not be ok with that

It's not the tracking but making a fuss over 15 minutes? Seems odd.

@notacooldad

I guess it's only the same as I have to click "toilet" on my computer if I go to the toilet or make a brew, so technically I'm tracked for every minute. My laptop records calls both audio and my screen and my manager knows whether I'm on a call, doing an email or nipping to the loo! 😮x100 That sounds so suffocating.

It really is suffocating 😢😢 standard for a contact centre but I hate it!!!

If it's made clear that the purpose of the device is purely for H&S then they are processing the data illegally. You'd need to check the wording of any clause. That's GDPR legislation, not employment law.

Your title is very misleading. They aren't tracking him, except for the purposes he's agreed to. They want to know why there is a discrepancy between the time he says he started work and the time he switched the device on. That is no didn't than my employer asking why my computer shows me logging on at one time, when my timesheet says I started a lot earlier. The computer isn't tracking me. Its simply recording the time I log on.

It wouldn't be a system I'd like to see used, but I think you are missing the point - if there are 18 months of discrepancies in his timesheet, I'd be looking to explain that. They aren't tracking him in the way you suggest, but they are asking some very serious questions that could result in a bad outcome. So I'd concentrate on explaining why he hadn't been fiddling his hours. Because that is obviously what they are investigating.

Thirty years ago the company I worked for brought in electronic cards to swipe us in and out of the building. That was ok but then they started talking about swiping us in and out of the actual office, ie we would be swiped out when we went to the loo.
They decided not to do that in the interests of staff morale.
I remember my colleague joking that they would probably put a weighing device inside the loo to check if it had actually been necessary to go.