Legal Considerations (Terms & Conditions)

While the purpose of any mystery shopping exercise is to provide management information to allow the assessment and development of the client facing process, it is against the law to carry out this exercise in oneʼs own practice or company, without properly informing the staff who work there.

The Data Protection Act 1988 and the Human Rights Act 1988 both require that all staff must be informed where their organisation intends to undertake mystery shopping research. There is no requirement for management to give any firm date or other details concerning the exercise, simply that it will take place. It will not be sufficient to rely on other staff members informing new or absent staff.

Disciplinary action must not be taken on the basis of such a mystery shopping exercise and, should audio recordings be made; the staff should expect to be given as much information as possible about the future use of this data.

Please note that it is the absolute responsibility of the practice principal or partners to ensure that all staff have been properly informed and Onswitch can take no responsibility for checking that this has taken place.

All information will remain confidential however the results will anonymously be recorded onto the Onswitch national database to be used for comparative purposes.