The Retailer SUMMER 16_v7

risks and security

Esyllt Green, Capital Law, considers the balance between employee privacy and employer protection when using theft prevention measures in retail

Most important is the requirement to notify employees of when and where they are being monitored by CCTV. Any covert monitoring is not acceptable. Practical tips While the legal complexities of different measures and implementations of theft prevention in the retail sector can be confusing for employers and employees to understand, there are several practical tips that can help avoid grievance situations.

Firstly, transparency is crucial. If employees are clearly informed of: • the reasons why monitoring is necessary

• when a search may be carried out • in which areas CCTV will be used • what the employer is looking for • how consent will be obtained • the consequences of refusal

• the consequences if any evidence of dishonesty is found • how employees can raise complaints if they are unhappy

then the employer can successfully deploy these deterrent measures.

In fact, transparent and sensible measures may actually become welcomed by employees. The vast majority of honest employees will be able to see the benefit of having clear, irrefutable evidence such as a CCTV recording, and understand the protection this would afford them in any wrongful claim. While perhaps initially difficult to construct and implement, theft prevention measures in a retail workplace can be truly beneficial to the organisation’s overall culture. A clearly communicated, open approach – which may need to be developed with the help of an HR team or organisational change consultant – can help to prevent any unfairness in a disciplinary procedure, and substantially minimise the risk of unjust sanctions or reputational damage.

For more information on employment law advice or HR consultancy services, please contact;

ESYLLT GREEN // e.green@capitallaw.co.uk // www.capital-law.co.uk

the retailer | summer 2016 | 35