Covert investigations are legal within the workplace, David Kearns, pictured, MD of Expert Investigations writes.
There is often the need to use the resources of covert investigations but clients’ are often unaware of the legal position of doing so. Expert Investigations utilise a whole range of proactive and reactive covert resources and over the last 12 and a half years our integrity has never been questioned regarding legalities or procedure.
On a daily basis our teams of surveillance and observations officers will be following or watching employees within small, medium and large companies and within local authorities or Government sectors and at no time will any laws be breached. We will take possession of company computers and mobile phones and retrieve deleted data. We will conduct background and financial checks on individuals and companies and we will place covert tracking devices on vehicles or in assets all in accordance with the law.
When an employee is identified, investigated and proven to be at fault, there is no defence to having ‘infringed somebody’s human rights’ if investigations are conducted lawfully by clients’. The legal position varies slightly from private to public sector. Public sector is regulated by the Regulatory Investigatory Powers at Work Act (RIPA) and the Human Rights Act and these dictate that an authorised officer within the organisation gives consent for covert investigations. This is not a barrier to the investigation; RIPA just ensures that the covert methods are proportional. The private sector is not governed by such legislation, but if an investigation is deemed reasonable for what it is trying to achieve then such covert methods can legally be employed.
Consider the mnemonic JPLAN….Is the investigation JUSTIFIABLE, is it PROPORTIONATE, is it LEGAL (ie not breaking into somebody’s property for information) AND is it NECESSARY?
The NECESSARY is why we are instructed to conducted investigations into internal thefts, frauds, false absenteeism, employment issues etc because there is a need to gather the evidence to prove the offences. There are no external resources such as the Police to investigate these issues (even internal theft & fraud is overlooked) so the onus of proving the burden of proof is left with the client / employer.
With these issues having a financial impact on companies and organisations, employers understand the benefit in covertly investigating in order to prove their case, but often are confused regarding the legal position. Now you are aware you can lawfully conduct those covert investigations.
About Expert Investigations
Expert Investigations are a commercial Detective Investigation Agency with head office in Coventry and with offices in London and Birmingham. The company specialise in investigating workplace issues of dishonest employees, including investigation of theft and fraud, false absenteeism, fraudulent claims and employment issues such as breach of contract and dealing with allegations of harassment in the workplace. Having started the business from home MD David Kearns has expanded in the company’s 13 years.
He has been able to expand his team to 22 former police officers (plus 16 military officers) by employing staff recently made redundant from the police. He recently increased his fraud investigation team with two former West Midlands Police Officers and two civilian staff, as well as three part time surveillance officers from Warwickshire, with another soon to join.
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