Liam Entwistle

Liam Entwistle, partner and employment law specialist at Wright, Johnston & Mackenzie LLP (WJM), said employers should be considering now how wearable technology that is capable of recording conversations, taking photographs and capturing video could affect their workplaces.

With some smart glasses capable of recording audio and visual material without the wearer having to visibly operate a phone or camera, Liam has warned employers need to consider what their existing workplace policies mean in practice.

He has also raised concerns about whether AI-powered glasses could particularly impact neurodivergent employees.

Mr Entwistle said: “Smart glasses present a huge problem for employers. By simply putting on wearable tech, one of your employees can record conversations with you or with colleagues, without anyone – except the wearer – knowing anything about it.

“Even if someone isn’t actively recording with smart glasses on, the fact that those around them may not know whether they are being recorded can create a very uncomfortable – or even intimidating – environment. That uncertainty can make people feel as though they are being observed or monitored, particularly where there is an imbalance of power, such as between a manager and a member of their team.

“Neurodivergent employees may be particularly affected, and it may trigger an expectation of judgement, or make them feel as if they are being monitored, leading to increased feelings of vulnerability.

“For employers, this isn’t simply a question of whether someone should be allowed to wear a particular piece of technology. There are wider questions around privacy, harassment, data protection and confidentiality which need to be considered.”

The issue could become particularly significant for businesses with public-facing employees, as new protections around harassment are due to come into force in October 2026.

Under changes introduced by the Employment Rights Act 2025, employers will be required to take all reasonable steps to prevent sexual harassment of employees and will have an obligation not to permit harassment of employees by third parties, including customers and clients. The changes apply in Scotland, England and Wales.

His warning comes as interest in smart eyewear is increasing in the UK, with the market described as “early and emerging” but being driven by growing consumer demand in hands-free AI technology.

An array of UK businesses and institutions have recently announced bans on people wearing Meta’s smart glasses, citing privacy and moral concerns.

Mr Entwistle continued: “If you have a public-facing business, customers wearing smart glasses could give rise to threats in relation to the new harassment rules coming in October this year, and employers have to take all reasonable steps to prevent such harassment in the workplace – and are directly liable for third-party harassment.

“That raises an interesting question about what an employer should reasonably be expected to do if a customer is wearing technology which can potentially record an employee without their knowledge.

“Employers will need to think carefully about the risks within their particular workplace and whether their existing policies and procedures are sufficient.”

The technology could also create challenges around data protection, particularly where recordings made in the workplace are automatically transferred, stored or processed elsewhere.

Those considerations are not limited to the traditional workplace. With hybrid and home working now commonplace, employers will also need to consider how their policies apply when employees are working remotely, particularly where wearable technology could allow audio or visual material to be captured less obviously than with conventional devices.

Mr Entwistle added: “The concern isn’t that smart glasses suddenly give employees access to information they couldn’t otherwise access. It is that they could provide a much less visible way of capturing what is in front of them or being said around them, which raises questions about whether existing workplace policies are fit for purpose.

“How will you protect your trade secrets and confidential information from employees wearing smart glasses?

“These are all urgent questions. A thoughtful risk assessment is a good place to start - then consider taking advice as to what the policy response should be.”