Skip navigation

Big Brother In the Workplace

14th October 2008

Imagine the scene. You fire up your computer first thing in the morning and in place of your normal desktop you have a message telling you to report to the boss immediately.

He or she informs you that yesterday your body temperature, blood pressure and heart rate were a bit high. You did less work and made more mistakes than usual. That could have been because you had picked up a virus – or perhaps it was because you were trying to cover up that you spent an hour of work time booking your summer holiday on the web.

This isn’t so fanciful as it seems. The technology to monitor all these things currently exists. And now Microsoft has filed a patent application for a system that links workers to their computers through wireless sensors that measure their metabolism and even their facial expressions.

The system would work not only through desktop or laptop computers, but also through mobile telephones or hand-held personal computers. Workers could therefore be monitored even when out of the office.

Of course, the system could have important benefits for employer and employee alike. Most obviously, the workplace could be made more efficient by ensuring that workers under stress in a particular job are moved to other work or sent help.

But the system could also sour industrial relations by undermining trust between employers and employees.

Similar monitoring technology is already used for workers – such as astronauts and fighter pilots – who must perform under exceptional pressure. But the Microsoft technology would make it into a routine system of management and control in the “normal” office environment.

Because of this, the system would almost certainly be illegal under the Data Protection Act. This legislation lays down that the information must be: used only for specified purposes; adequate, relevant and not excessive; and processed in line with the rights of the individual.

Most obviously, the individual’s right to privacy could be undermined by the new technology.

Big Brother may already be watching us as we go about many of our routine tasks. But the computerised “spy” in the office is likely to prove a step too far.

Click here to speak to a specialist employment lawyer

Notes to Editors

Pearson Hinchliffe Commercial Law is a commercial law practice providing a range of legal services to business and commercial clients in Manchester, Oldham and across the North West. The firm's specialities include Company & Commercial, Employment Law, Commercial Litigation and Commercial Property matters.

As one of the leading law firms in the North of England, Pearson Hinchliffe’s mission is to be ‘the complete law firm’ providing the highest quality legal services to its clients. It does this by offering practical and cost effective, high quality legal advice for a wide range of clients.  Each client is catered for as an individual with their business and personal requirements taken into account which allows for a highly personalised service.

For more information on this article or Pearson Hinchliffe Commercial Law, please contact a member of the marketing communications team on +44 (0)161 785 3500 or email muhammed.shaikh@pearson-hinchliffe.co.uk


May 2012
Director and shareholder found in contempt of court for selling company assets

Templeton Insurance v Motorcare Warranties: High Court held director of an insurance company in contempt of court for breaching a freezing order imposed against the company.

More
April 2012
Pearson Hinchliffe founding Partner, Roger Hinchliffe, retires

After a 5-decade long career, head of Corporate Commercial department retires.

More
April 2012
Sunday Trading (London Olympic Games and Paralympic Games) Bill

Sunday trading restrictions during the Olympic and Paralympic Games to be suspended.

More
March 2012
The Budget 2012

Summary of the key points.

More
March 2012
National Minimum Wage rates for 2012-13 announced

The national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.

More
March 2012
National Minimum Wage rates for 2012 announced

The national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.

More
September 2011

How to Conduct a Disciplinary Hearing

A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.

June 2011

ACAS Advice leaflet “Holidays and Holiday Pay”

Download the guidance covering arrangements for holidays and holiday pay.

October 2010

Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement

Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.

July 2010

Recent Case Study: Doing Battle in the Boardroom

How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.

May 2010

How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off

Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.

March 2010

PH Employment Direct

The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.

January 2010

Debt Recovery Service

With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.

October 2009

M&A Opportunities

A live selection of current assignments offered by Pearson Hinchliffe Commercial Law or those of our professional partner organisation,