Is observing an employee lawful under UK GDPR?

Yes, provided it is conducted pursuant to a documented Legitimate Interests Assessment (LIA), strictly proportionate to the potential commercial damage, and confined to public spaces where privacy expectations are lower.

Can your report be used in Employment Tribunal hearings?

Yes. Our reports are authored to the highest evidentiary standard, adhering to procedural neutrality, and our operatives are trained in providing witness testimony under cross-examination.

How do you evidence non-solicitation and non-compete breaches?

By establishing verified physical meetings with protected clients, competitor commercial proposals, joint tender submissions, and active digital commercial representations.

How do you protect the confidentiality of ongoing workplace investigations?

Inquiries are conducted externally without alerting workplace staff. Reports are transmitted exclusively to designated instructing counsel or senior executive sponsors.

Disciplines/Corporate Investigations Practice

Employee & Executive Investigations

Discreet investigative support for organisations dealing with suspected misconduct, conflicts, fraud, information leakage or other workplace concerns.

Discreet modern workplace interior with clean glass partitions

Workplace integrity and internal inquiry environment

Mandate Parameters

Workplace misconduct requires procedural fairness and unassailable proof.

Ill-advised surveillance or unlawful data gathering renders evidence inadmissible in an Employment Tribunal and exposes organisations to severe liability.

Managing suspected senior executive wrongdoing, restrictive covenant breaches, or systemic employee fraud requires absolute procedural neutrality and lawful proportionality.

Relying on rumours, premature confrontations, or intrusive unauthorized methods risks unfair dismissal claims, constructive dismissal damages, and reputational fallout before an Employment Tribunal.

TFTS provides independent, lawful investigative support—documenting verified activities, preserving digital audit trails, and compiling ACAS-compliant factual dossiers that allow HR and legal teams to take decisive action.

Observed Circumstances & Mandate Triggers

Departing senior executives actively soliciting key clients and staff in direct breach of post-termination covenants

Key personnel operating covert competing businesses during company hours using corporate intellectual property

Suspected internal procurement fraud, inventory theft, or unauthorized diversion of corporate opportunities

Fraudulent long-term sickness absence where the employee is suspected of undertaking alternative paid employment

Complex whistleblowing, gross misconduct, or workplace harassment allegations requiring independent fact-finding

Operational Scope

Common Investigation Areas

04 Distinct Vectors

Restrictive Covenant Violations

Evidencing active commercial trading, client solicitations, and competitor engagement in violation of non-compete terms.

Undeclared Secondary Commercial Interests

Uncovering secret directorships, equity stakes, and competing consulting businesses run during employment.

Gross Misconduct & Fraudulent Absence

Proportionate lawful verification of physical activities and commercial work undertaken during certified sick leave.

Intellectual Property & Customer List Exfiltration

Tracking data exfiltration and unauthorized document downloads immediately prior to employee resignation.

Procedural Standard

Investigation Approach & ACAS Alignment

PHASE 01

Proportionality Review

Completing a documented Legitimate Interests Assessment (LIA) establishing commercial necessity and privacy balance.

PHASE 02

Open-Source & Registry Mapping

Examining corporate filings, advertising registries, domain records, and public indicators of competing enterprise.

PHASE 03

Discreet Observation

Deploying lawful, proportionate static and mobile physical observation in public environments where necessary.

PHASE 04

Digital Evidence Correlation

Correlating physical observation logs with internal company email, device connection, and communication records.

PHASE 05

Tribunal-Grade Report

Delivering a chronological factual report with timestamped photographic stills and signed investigator witness statements.

Work Product

Evidence & Employment Reporting

Compiled to withstand judicial scrutiny in Employment Tribunals and the High Court Queen's Bench Division.

Deliverable 01

Objective Investigation Report complying with the ACAS Code of Practice on disciplinary procedures

Deliverable 02

Chronological event logs with timestamped photographic exhibits verifying commercial or physical activity

Deliverable 03

Detailed timeline of client contact, competitor meetings, and business tender activities

Deliverable 04

Investigator court witness availability for High Court injunction hearings or Employment Tribunal testimony

Procedural Governance & Admissibility Framework

All evidence compiled in accordance with Civil Procedure Rules (CPR Parts 31 & 32), Data Protection Act 2018, and BS 102000 Code of Practice. Evidential integrity and contemporaneous audit trails preserved across all phases.

Evidential Clarity