UK government proposes new rules for workplace monitoring technologies
On 8 July 2026, the UK government launched a consultation on regulating workplace monitoring technologies (WMT), part of its broader “Make Work Pay” agenda. The consultation, open until 30 September 2026, seeks to balance the benefits of these technologies with protecting workers’ rights.
Workplace monitoring technologies encompass digital tools employers use to collect, track, and analyse worker information, including location tracking, biometric access systems, digital activity monitoring, and automated performance evaluation tools. While these technologies can improve efficiency, security, and regulatory compliance, the government acknowledges risks including privacy concerns, loss of autonomy, and potential for biased or unfair outcomes.
The consultation highlights that existing legal requirements under UK GDPR and the Data Protection Act 2018 may not always be clearly understood or consistently applied. This creates uncertainty for employers wanting to adopt WMT responsibly while leaving workers vulnerable regarding transparency and fairness.
The consultation proposes eight principles for responsible WMT use, closely mapping to UK GDPR requirements and Information Commissioner’s Office guidance:
1. Employers must be clear about why monitoring is used
2. Workers must receive clear, accessible information
3. Meaningful consultation with trade unions or elected representatives
4. Avoiding discriminatory outcomes
5. Considering less intrusive alternatives
6. Enabling workers to question and challenge decisions
7. Considering impacts on mental health
8. Regularly assessing monitoring necessity
The consultation presents three potential approaches:
A statutory code of practice would set practical standards under existing legislation. Failure to follow the code could lead to compensation adjustments of up to 25% in employment tribunal claims.
A legislative duty to consult would require employers to consult and negotiate with trade unions or elected representatives before introducing WMT. This could be light-touch or involve full consultation over a specified period.
Non-statutory guidance would provide flexible, updateable practical support without creating new legal obligations or remedies for workers.
Implementation timelines will depend on the chosen approach, with statutory or non-statutory guidance potentially implemented faster than legislation requiring primary parliamentary approval.
Employers using WMT are encouraged to contribute to the consultation to express views on practical concerns, including the difficulty of defining WMT in fast-evolving technological landscapes.
