On 8 July 2026, the government launched its consultation on Workplace Monitoring Technologies (WMT), marking a significant step of the Make Work Pay agenda. The consultation period is open until 30 September 2026 and aims to promote the fair, transparent, and responsible use of WMT.
What do we mean by WMT?
The consultation adopts a broad definition of WMT, describing them as “digital tools used by employers to collect, track, analyse or make decisions based on information about workers and their activities”, and are sometimes referred to as “surveillance technologies”. The type of technologies include those used to observe performance, behaviour, attendance or communications. It also includes data to inform or make decisions affecting workers. The consultation sets out that the use of WMT in the workplace has increased in recent years, particularly following the pandemic. However, the precise extent of its usage is unclear.
Why do employers use WMT?
The government acknowledges that responsible, transparent and proportionate use of WMT has the potential to enhance outcomes for both employers and for workers. It can be used effectively for various purposes including tracking performance, improving processes, identifying training needs, enhancing regulatory compliance, reducing or identifying misconduct; strengthening organisational security and improving health and safety improvements. However, there are risks where WMT is poorly designed, explained or governed. The government therefore wants to use the consultation to understand how WMT is used across sectors.
Current requirements for WMT
Employers are currently subject to various legal requirements when using WMT under UK data protection law. The Information Commissioner’s Office has provided guidance on monitoring workers and compliance with employers’ data protection obligations. These include confirming that the monitoring is necessary for the required purpose and no less intrusive means are available and complying with the rules on processing ‘special category data’, as well as carrying out a data protection impact assessment. Use of WMT may also fall within the rules on solely automated decision-making under Article 22A-D UK GDPR. Where it does, employers will also need to comply with additional safeguards, including allowing the individual to make representations and obtain human intervention. The ICO recently published draft guidance on the refreshed ADM rules and is expected to finalise its guidance later this year. In parallel, it is also working on a statutory code on AI and ADM.
In addition, employers must comply with employment and equality law obligations.
Principles
The consultation proposes eight principles reflecting the government’s pre-consultation view of good practice in the use of WMT:
- Purpose and rationale: Employers should have a clear, justifiable reason for introducing and using WMT.
- Transparency and understanding: Workers should be given clear and accessible information about the use of WMT.
- Worker engagement and voice: Workers, trade unions or elected representatives should be engaged on decisions regarding WMT.
- Fairness and equality: Employers should ensure WMT use is fair, unbiased, and avoids discriminatory outcomes.
- Necessity, Proportionality and Privacy: Employers should consider less intrusive alternatives, prevent scope-creep, and limit personal data sharing.
- Human Oversight and Accountability: Employers should ensure decision makers understand systems, provide safeguards, and enable timely worker challenges.
- Dignity and Wellbeing: Employers should consider mental health impacts, monitor risks, and mitigate threats to worker’s rights and safety.
- Accuracy, Reliability and Review: Employers should regularly reassess monitoring necessity, accuracy, fairness, and address feedback and emerging risks.
Policy options under consideration
The consultation sets out three policy options, with the final outcome potentially combining elements of more than one:
Option A: Statutory code of practice
This would be published under s.203(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. While not creating new legal obligations, a statutory code would provide authoritative guidance on practical standards. Employment tribunals would be expected to consider the Code in relevant cases, such as unfair dismissal or discrimination claims involving WMT. If a tribunal finds an employer has unreasonably failed to follow the Code and a worker’s claim succeeds, compensation could be increased by up to 25%, as permitted by section 207A of TULRCA 1992. The Code would not override existing procedures or codes, such as the Acas Code of Practice on Disciplinary and Grievance Procedures.
Option B: Legislative Requirement to Consult and Negotiate
This option would place a formal legal obligation on employers to consult and negotiate with trade unions or elected worker representatives before introducing WMT, through the introduction of primary legislation. This option aligns closely with the Make Work Pay initiative which sets out that the introduction of surveillance technologies in the workplace should be subject to consultation and negotiation.
Enforcement would be managed through the employment tribunal system, offering a formal avenue to address failures to consult.
Option C: Non-Statutory Guidance
Under this option, the government would publish non-statutory guidance offering practical support to employers regarding the implementation and use of WMT by clarifying existing requirements and promote best practices. This could include case studies, worked examples, and toolkits to illustrate key points. Coverage could extend across the entire WMT lifecycle, including planning, introduction, worker engagement, ongoing review, and the use of outputs in decision-making.
Next Steps
The consultation will close on 30 September 2026. Following this, the government will analyse the responses and publish its conclusions, which may take the form of draft legislation, a statutory code of practice, non-statutory guidance, or a combination of these approaches. Once policy has been determined, employers will need to audit current WMT use and ensure compliance.
This consultation demonstrates the government’s ongoing commitment to strengthening employee protections.
The EU AI Act approach
The EU AI Act imposes significant obligations impacting WMT. AI systems for emotion recognition in the workplace have been prohibited since 2 February 2025. Any AI systems used to monitor or evaluate the behaviour of workers are classified as high-risk. Employers deploying these systems are subject to additional transparency and compliance obligations, while employers who create their own AI systems for this purpose are subject to very significant risk management and governance obligations. The rules for these high-risk AI systems will apply from 2 December 2027.
The UK does not appear to be contemplating similar provisions.
Please contact our Employment department if you have any questions.
Thank you to Hannah Featonby-Lyons for her help in preparing this post