Over 50 police officers and civilian staff were recently sacked from UK constabularies across the country for pretending to work from home for the past three years.
They were caught using specialised software that detects unusual keyboard activity, which revealed many of the offending staff were ‘key jamming’, where a remote employee pretends to work by inputting irrelevant keystrokes.
In one case, an officer admitted to weighing down the ‘z’ key during shifts for a total of 103 hours between June and September 2024, sometimes for more than four hours at a time.
In light of this, Saeidul Haque, Employment Senior Associate at LegalVision, has put together some advice for employers who suspect one or more of their remote employees might be ‘key jamming’, and what they can do about it.
Remote work reality check: Legal expert weighs in on remote employees pretending to work
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Can I sack someone for keyboard jamming?
Yes, you can. If an employee deliberately and repeatedly uses software or physical devices to simulate work activity, it could amount to serious misconduct. For this to be clear from the off, the company should have remote policies in place which outline both productivity expectations and monitoring. Making sure your employee knows about these policies is essential, as it reduces the risk of disputes if issues arise.
Saeidul Haque LegalVision‘s Employment Senior Associate, comments:
“As long as expectations are clear from the beginning and the proper procedure has been followed, you are entitled to potentially dismiss an employee for key jamming. Of course, a better outcome would be to prevent this from happening in the first place by clearly outlining expectations and providing support to an employee if they are struggling.”
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What to do if I suspect an employee to be keyboard jamming?
Employers should proceed carefully. If you suspect keyboard jamming, the first step is to start with an investigatory meeting, before potentially escalating this in accordance with your internal policies and/or the Acas Code of Practice on Disciplinary and Grievance Procedures. Jumping straight to dismissal without investigation can increase the risk of an unfair dismissal claim.
Haque continues:
“If an employer suspects keyboard jamming, they should avoid jumping to conclusions. The right approach is to investigate the situation, review any monitoring data, and give the employee an opportunity to explain before taking action or escalating the matter in accordance with internal procedures.”
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How do I make sure I am doing this legally as an employer?
As an employer, you must ensure you follow any and all disciplinary procedures you have put in place and/or the Acas Code of Practice on Disciplinary and Grievance procedures before any termination. To reduce risk, employers should ensure they have the following four criteria met:
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A fair reason for dismissal
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A reasonable investigation
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A fair disciplinary process
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Proportionate action
Haque adds:
“Ensure that any monitoring used to reveal the key jamming is in line with what is reasonable. Employers can monitor work devices in many circumstances, but the monitoring must be proportionate and transparent. Businesses should ensure employees are aware of what monitoring takes place and why, particularly to comply with data protection obligations.”
