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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14640
Experience:  30 years as a practising solicitor.
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Can an organisation legally covertly ‘test’ their staff in

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Can an organisation legally covertly ‘test’ their staff in scotland. I.e check that they are doing their job correctly, without informing them of the surveillance being carried? And if they are, what techniques would be lawful?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 13 days ago.
Hi Nicola
Yes, I’m willing to wait. The correct information is lore important than speed here.

Thank you

Stuart Nicoll

Thanks for your question. I am a solicitor in Scotland. The basic answer to your question is yes, an employer can review an employees performance without telling them they are doing so. To give a more detailed response you would have to tell me what the employee’s job is and how the testing is being done.

Customer: replied 11 days ago.
Hi, thanks for your response. This would be a security officer carrying out their role I.e searching people, meeting and greeting, being vigilant etc, and an employer wishing to survey them through the following methods;

Cctv surveillance
Human testing - someone pretending to be a customers and testing them and then writing the results down for report

I appreciate this,

Stuart Nicoll

The “secret shopper” testing is not an issue. The CCTV would have to be known about under data protection both for staff and employees. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14640
Experience: 30 years as a practising solicitor.
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