Navigating wearable technology in the workplace

Charlotte Allery, solicitor - employment at Coffin Mew, explains the pros and cons, and the legal position, of using wearable technology in the workplace

The uptake of wearable technology by consumers has been vast. From basic Bluetooth headsets, to fitness bands to monitor heart rates and measure distances, and smartwatches to manage bank accounts and make payments - personal wearable technology is old news. As tech start ups and savvy employers are realising, the future for wearables is in the workplace.

Although the idea of digital accessories at work is not completely revolutionary (vehicle trackers have been around for years, for example), the technology and risks involved are evolving. The future plans of some employers have caused shockwaves amongst commentators.

Earlier this year, Amazon was issued with two patents in the US for a wristband system to monitor warehouse workers' performance. Put simply, the technology would mean that workers' wristbands will ‘buzz' if a worker places a product near or in the wrong ‘inventory bin'.

Whilst Amazon defended their proposals by arguing it ‘would improve the process for [their] fulfilment associates', some media outlets have observed that this is akin to the idea of wearing an ankle bracelet during house arrest. Critics will argue it is a small step from a simple vibration to a gentle electric shock…

Amazon's plans follow last year's news that Three Square Market, a US based tech company, have microchipped 50 consenting staff. Although the chips do not have GPS capabilities, they allow employees to log into work, open doors, and buy food and drink at work.

Whilst microchipping staff is a Marmite idea and a fairly new concept, the convenience it creates may mean that the idea is adopted by more than just trailblazing tech businesses.

So, what are the benefits of wearable workplace technology?

Wellbeing - Research by PWC reveals that 61% of employees are keen for their employer to take an active role in their health and wellbeing, and the use of wearable devices is certainly a quick way to achieve this. Offering smartwatches or fitness bands to employees, or a subsidy to purchase one, may encourage staff to actively increase their activity and exercise, which could result in reduced costs for employee healthcare packages and reduced sick leave. A fit and active workplace is also likely to be a happier one.

Tracking and increasing productivity - As shown by Amazon's patent applications, digital accessories can be used for productivity purposes, such as tracking workforce movements, logging time and checking in and out. Having such close monitoring will surely influence the output of staff and act as a deterrent to those ‘slacking' at work.

An example of efficiency driven tech was Volkswagen's introduction of 3D glasses to all factory workers at their Wolfsburg plant. The glasses increased efficiency by showing all necessary information to employees in their field of vision, such as storage locations or part numbers.

Safety - Linked to wellbeing, many devices have the ability to track heart rates, stress and levels of fatigue. If HR teams have access to this information, this may assist in the prevention of accidents at work or the management of long term absences. An obvious example of professionals who would benefit from wearable technology are those individuals in safety critical or physically demanding roles, such as paramedics, firefighters or airline pilots, for the safety of both the employees and members of the public.

There is also wearable tech on the market for monitoring lone workers when safety issues arise, whilst sensor technology can stop injuries in advance, by highlighting repetitive movement work. And, in a simple but effective step, Oxfordshire County Council have recently announced that their waste recycling teams will be wearing body cameras to deter physical and verbal abuse against staff.

But are there potential pitfalls?

Privacy concerns - With the recent arrival of the General Data Protection Regulation (GDPR), data privacy is at the forefront of many people's minds and the introduction of data-collecting, wearable technology is likely to raise initial concern amongst staff. Results from an Office Genie survey exposed that a huge 67% of employees fear that wearables could lead to a ‘big brother' surveillance culture and 58% are concerned that their employer will snoop on out-of-office data.

Before introducing any form of wearable monitoring tech, employers will need to carry out impact assessments to ensure data protection is adequate and that the relevant technology is in fact ‘proportionate' and necessary. As with any other data processing, employers will need to reflect the data collection obtained via devices in a Privacy Notice to employees, setting out the legal basis for processing the relevant data, who it is shared with and how long it is retained for, for example.

With invasive technologies such as microchipping, employees will have to fully and freely consent to their implantation. For consent and support from the workforce, businesses will need to reassure staff that any digital accessory can be fully trusted and is specifically designed to undertake a particular function within the workplace.

Cost - There is certainly no question that technology can be expensive, particularly where it offers a cost saving or efficiency opportunity. Of course, with wearable workplace technology being a relatively new concept, there is the risk that the technology will produce no costs savings at all. Pilot schemes may not succeed and, in the event that a full roll out is put in place, the repair and maintenance of the devices may be expensive.

Discrimination issues - Unfortunately for employers, wearable tech does go hand in hand with discrimination considerations. If action is taken based upon the health monitoring of staff, such as requiring the employee to take the day off because of health data collected, businesses will need to consider whether the employee is suffering with a disability, to avoid potential disability discrimination or failure to put reasonable adjustments in place. Similarly, with embedded devices like microchipping, there may be religious or other personal beliefs that prohibit the implantation.

Employee morale and workplace culture - Whilst the monitoring of stress levels and heart rate is of course a positive thing, it can lead to nervousness or in fact heightened stress if employees consider they are ‘under the microscope' throughout their working day. The introduction of monitoring tech may also adversely affect workplace culture and morale, if staff consider that they are being micro-managed or continuously pushed for greater output. Despite this, if employers can get the balance right between technology that benefits the business and respects the concerns of staff, the advantages are clear.

Charlotte Allery is solicitor - employment at Coffin Mew