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Recording abusive boss

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  • *But of course your employer can spy on you in any multitude of ways from Computer use software to CCTV, so it don't sound fair to me and not an even playing field*.
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  • johnmc
    johnmc Posts: 1,265 Forumite
    Record it. How you use it later is another issue.

    Are you in a union? If not, why not speak to others about joining one?

    If you are then speak to them. They will send in a full time rep to lodge a complaint.

    Another alternative is "blue flu". Every time he talks to you like that exagerate the stress then go to your GP with the recording.

    If all the staff are being similarly bullied then he may have fun when you all go off with stress.
  • It depends how you want to use the recording. You have to be careful if you are intending to use it to then show it to your employer within, say a grievance meeting, as you may be accused of doing something which would damage the relationship of trust and confidence between yourself and your employer, thereby leaving you open to potential disciplinary action . Your employer might wonder why you weren't just raising a verbal complaint about how you felt that you were being treated. As a covert recording, you could use it in an employment tribunal as long as you transcribed a copy, in order to corroborate your evidence of what was going on. If the transcription was not agreed, then you could seek leave for the tribunal to listen to the recording. The rules of evidence are relaxed in a tribunal setting so I cannot see any reason why it would not be allowed in. I cannot see how you would be prosecuted for doing this. I know of people who have covertly recorded disciplinary hearings, for example. I would also start a diary so that you have examples of what happened and what was said at different dates and times.

    I would seek to raise a grievance about your boss's behaviour. Your employer should have a grievance procedure wherein you can raise a grievance with someone other than your immediate boss (see the ACAS website). Have a look at your original contract or staff handbook (which may be on your intranet if you have one). Most tribunals would want to know whether you raised a grievance at work and if not, why not. Compensation can be reduced for any failure to raise a grievance. Besides, this may lead to other ways of your employer resolving the situation for you. If you are unable to raise a grievance with your employer, then you may feel you have no option to resign and bring a claim for constructive dismissal but that really is a matter for you and such claims are not always successful in the ET. I would seek advice from your local CAB or from a solicitor beforehand.

    Alternatively, if you felt your boss was bullying you by reason of any protected characteristic (e.g. race, sexual orientation, disability etc) you may have a discrimination claim.

    So, in short, keep a diary. Tape record if you must. If you were to rely on it in a tribunal, it would be corroborate whatever you had to say. Your diary notes would also be contemporaneous notes which could be relied upon as evidence of whatever you were to say in a witness statement.
  • sophieschoice
    sophieschoice Posts: 903 Forumite
    Advice a lawyer once gave me was to be holding a notepad and pen and say to your opponent ' Ok, I am recording this conversation'. Of course your voice recorder will be in your pocket/open handbag or somewhere close!
    With a bit of luck he will continue to spout off believing that a) you won't get it all down on paper or b) he can deny the written word!
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Why not just get a phone that does video recordings, many are one button record.

    When he starts, say "STOP" very loud
    get the phone out point it at him.

    "OK what were you saying"
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