UK may require firms to consult workers before deploying surveillance tools

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Ministers in the UK are consulting on workplace monitoring technologies

Employers may have to ask permission to implement surveillance tools that ensure employees are working as contracted

The consultation includes references to the use of artificial intelligence-assisted monitoring

The British government’s Make Work Pay strategy to overhaul employment rights and end exploitative work practices has opened consultation on workplace monitoring technologies, with the Department for Business and Trade seeking to establish whether existing rules covering things like biometric surveillance, keystroke logging, and productivity scoring are fit for purpose.

Current rules over the use of workplace monitoring technology (WMT) may be fit for purpose, but the consultation aims to establish whether non-statutory guidance, a formal code of practice, or a legal framework is required.

The consultation – which also cites artificial intelligence as a tool to assist monitoring, closes September 30, 2026.

Identifying WMT

Workplace monitoring technologies have developed with the pace of digital expansion in offices and factories, with notable examples including email and web tracking, along with controversial tools such as keystroke logging, and screen and app monitoring.

Mobile workers and couriers are also subjected to GPS monitoring, while access to workplaces is typically subject to biometric credentials, a modern-day version of “clocking in.”

So, monitoring practices in the workplace are nothing new, and CCTV has long been used to observe location, activity, and appropriate behavior. Responses to the consultation will no doubt include concerns over the expansion of these technologies into the remote workspace, where tools like keystroke loggers and screen monitoring are considered intrusive.

Meet the AI boss

Furthermore, some new considerations, such as automated decision-making (ADM, which can make decisions without human involvement) and algorithmic management (tools that can, for example, alter shifts based on availability and performance) will also come under review with the consultation.

The consultation announcement states:

"AI and innovation are central to the government’s strategy for growth. The Chancellor has prioritised AI adoption, as where the biggest gains lie for UK growth, and has set the ambition for the UK to be the fastest adopter of AI in the G7. To support rapid and responsible adoption, we are focused on creating the right conditions, providing the necessary infrastructure and managing the technology transition fairly and carefully."

Additional regulatory requirements

While the consultation is welcome and gives employers and employees the chance to deliver their thoughts – and affords the Labour government the opportunity to underline its Make Work Pay policies – the end result will inevitably means more regulatory work for employers.

Non-statutory guidance would be the preference, as this has a smaller impact in a workplace that already has to consider GDPR and the EU AI Act. Larger organizations also need to accommodate local employment laws. But there is every chance that the eventual decision will result in the introduction of a statutory policy governing workplace monitoring technologies, particularly where AI is concerned.