The engagement of private investigators by employers was, up until relatively recently, a commonplace practice but is now one that is fraught with legal risk. While a number of recent cases from the Workplace Relations Commission suggest that Adjudication Officers remain willing to consider pertinent evidence that has been obtained covertly, there is likely to be a marked increase in challenges to an employer's ability to rely on such evidence once the GDPR comes into effect.

The most significant legal risk