ABSTRACT

There are various ways in which employers can monitor the telephone calls made and received at their business premises. Where a telephone call includes material that would incriminate the individual in either civil proceedings or criminal prosecution, they may be entitled to claim the privilege against self-incrimination. The Human Rights Act 1998 was came into force in England and Wales on 2 October 2000, the Office of Telecommunications published guidance on recording telephone calls which states that employees must be able to make personal calls that are not recorded. The growth of call centres has led to significant expansion in the amount of business done by telephone. The employees in the workplace are entitled to privacy for any personal calls they may make; that their expectation of privacy for work-related calls must be removed by adequate warning and that where their privacy is affected. The issue of entrapment does not apply to internal disciplinary hearings or to Employment Tribunals.