Hybrid working has gained significant popularity in recent years, with more than three-quarters of organisations offering hybrid working following the coronavirus (COVID) pandemic. Following this rise, the number of employees who use mouse jigglers during working hours has also increased; this article will discuss the use of mouse jigglers within the workplace and explore the broader theme of monitoring employees’ productivity.
What is a mouse jiggler?
Mouse jigglers are external devices that you can connect to your laptop or computer to simulate mouse movement. Once connected, the device will regularly trigger the curser to move around onscreen, therefore reducing periods of inactivity.
Mouse jigglers are a popular form of ‘work feigning technology’, which are now easily accessible online; according to Amazon, thousands have been sold in the past month alone, with sales increasing by over 400% during the Covid pandemic. It is therefore unsurprising that companies have seen an increase in the number of employees using such devices.
The risks that come with using mouse jigglers
Whilst using a mouse jiggler when working from home may sound harmless enough, several potential issues may arise with their use.
Firstly, an employee using a mouse jiggler to create the appearance of working is breaching their contract of employment. If an individual is contractually obliged to work a set number of hours per day, then any use of technology to simulate working constitutes a breach of an express term in the contract.
Any staff using work-feigning technologies during working hours may have also breached the duty of trust and confidence which exists between them and their employer. Employers and employees alike have an implied duty of trust and confidence, meaning they must treat one another with respect and behave in a way that means they can trust each other; therefore, any employee caught using a mouse jiggler whilst working from home is actively breaching this relationship of trust. If an employer believes their employee has breached this duty, they may start disciplinary action; it will be gross misconduct worthy of dismissal.
Finally, whilst mouse jigglers may appear entirely safe on the surface, some professionals have noted a number of potential risks associated with their use. For example, mouse jigglers pose a potential threat to the security of your work computer, as it may be exploited to bypass any security measures installed by employers. This means that any sensitive information which an employee is storing on their computer may be put at risk.
Caselaw and criticisms
Whilst there are currently no examples of companies in the UK start disciplinary proceedings against an employee using mouse jigglers, a large banking firm in America has recently set an interesting precedent about how they will handle employees caught using prohibited technologies.
Wells Fargo, one of the leading banking firms in the world, have recently fired a number of their employees over claims that they were using mouse jigglers whilst working from home. The employees were allegedly faking keyboard activity to trick their employer, with a spokeswoman for the firm saying that Wells Fargo “does not tolerate unethical behaviour”; they added that the employees’ actions amounted to gross misconduct, which therefore justified their dismissal.
Whilst the firm’s decision to dismiss these employees was well-justified and legally permissible, this incident highlights the wider theme of workplace surveillance which has grown more prominent in recent years. Many employees have called to question the use of workplace monitoring, with a recent study highlighting that a little over 80% of workers feel they are being monitored by their employers to a moderate or high degree.
With workers expressing concern over staff wellbeing and privacy, the UK’s Information Commissioner’s Office (ICO) has published guidance for employers looking to implement work monitoring technology; in this guidance, the ICO urge employers to consider whether monitoring is necessary and proportionate as it has the potential to intrude on an employee’s personal life.
Conclusion
Overall, work simulating technologies such as mouse jigglers have significantly increased in popularity following the COVID pandemic. This article has discussed some of the ways in which the use of mouse jigglers may impact individuals within the workplace and has explored the wider theme of workplace monitoring.