Spying or supervising? The risks of spyware software
In the evolving landscape of artificial intelligence and IT, employers turning to software to monitor employee productivity is becoming more common. However, the extent of such monitoring can give rise to legal and ethical concerns and, in a recent case, highlighted some important considerations for employers.
A Lanuszka v Accountancy MK Services Limited [2025]
In the case of A Lanuszka v Accountancy MK Services Limited [2025], Ms Lanuszka’s employer installed spyware on its IT system which recorded that she had spent 84 minutes over two days on non-work-related websites. She was dismissed as a result. Subsequently, an Employment Tribunal found her dismissal to be unfair and awarded Ms. Lanuszka over £14,000 while noting that her personal use of the IT systems had been previously permitted and the spyware was installed primarily to gather evidence to justify her termination.
Key considerations
This case underscores the importance the Employment Tribunal may place on the clear communication of policies and fair practices regarding personal use of IT systems and suggests that employers concerned by such things should consider:
- Clearly communicating any restrictions on personal IT system use to employees.
- Ensuring internal policies are accessible and explicitly address personal use.
- Installing spyware only for legitimate reasons, not as a means to facilitate dismissals.
- Conducting thorough investigations into personal IT use before considering any dismissal, including considering:
- The extent of personal use versus work-related activities.
- Whether the amount of time spent for personal use is excessive.
- The timing of the personal use.
Conclusion
Regarding employment law, taking the above steps could well assist employers in successfully defending claims of unfair dismissal and ensure that employees are aware of the boundaries within the workplace when browsing the internet, whether for work-related or personal matters.
Contact
Alicia Pimblett
Principal Associate
alicia.pimblett@brownejacobson.com
+44 (0)330 045 1313
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