Constructive dismissal

sniggings

Ashles wrote: »

Was the recording done with the manager's full knowledge and permission?

Yes I asked him to please make sure to lie loudly for the tape

I think you know the answer to that, so why not save both of us the time and effort and say what you want.

If you are going to say it is against the law, I don't want to know unless you support that with a very good source.

Just to add that he too recorded us when getting interviewed, without our permission.

Ashles

sniggings wrote: »

Yes I asked him to please make sure to lie loudly for the tape

I think you know the answer to that, so why not save both of us the time and effort and say what you want.

If you are going to say it is against the law, I don't want to know unless you support that with a very good source.

Just to add that he too recorded us when getting interviewed, without our permission.

It looks like you already know the answer to this. It IS against the law, and whether you believe this or not isn't really relevant.

Here is an extremely experienced employment law barrister advising on the subject:

http://www.redundancyforum.co.uk/employment-help-advice-employees/5629-unfair-constructive-dismissal-already-resigned/

"One comment I can make is that illegally obtained recordings in which all parties do not know that they are being taped are not admissible evidence, so the employer was not required to accept these, and nor is the tribunal. They may accept transcripts, but they do not have to. "

sniggings

Ashles wrote: »

It looks like you already know the answer to this. It IS against the law, and whether you believe this or not isn't really relevant.

Here is an extremely experienced employment law barrister advising on the subject:

http://www.redundancyforum.co.uk/employment-help-advice-employees/5629-unfair-constructive-dismissal-already-resigned/

"One comment I can make is that illegally obtained recordings in which all parties do not know that they are being taped are not admissible evidence, so the employer was not required to accept these, and nor is the tribunal. They may accept transcripts, but they do not have to. "

Thanks for the link.

I do not know the answer but have heard it may or may not be against the law or employment regs but as said he too was doing this so some staff started to also.

Ashles

sniggings wrote: »

Thanks for the link.

I do not know the answer but have heard it may or may not be against the law or employment regs but as said he too was doing this so some staff started to also.

You're welcome.

If you want to see if you have any chance at all, you could post the details on that other forum - SarEl is incredibly knowledgeable and experienced and would likely be able to give you a very thorough answer.

sniggings

Ashles wrote: »

You're welcome.

If you want to see if you have any chance at all, you could post the details on that other forum - SarEl is incredibly knowledgeable and experienced and would likely be able to give you a very thorough answer.

I will do, I should have checked for a more relevant part of the forum.

Okydoky25

It's not impossible to bring a case after 3 months you just need to go to court to be able to put your case forward. My Mum did this as new evidence emerged after the 3 month period which would have proved her case. She won btw.

ohreally

Here is an employment appeal tribunal ruling on clandestine recording...

UKEAT/0243/06/DA Chairman and Governors of Amwell View School v Dogherty 2007

The EAT accepted a recording as the employer hadn't banned them, and it was relevant to the claim (which was for unfair dismissal).



http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&sqi=2&ved=0CCEQFjAA&url=http%3A%2F%2Fwww.employmentappeals.gov.uk%2FPublic%2FUpload%2F06_0243ResfhMLNDA.doc&ei=SUA-UNfmA8Xa0QXXooDABQ&usg=AFQjCNGEc4L0zq6Bl7xOVPGih0IxW054kQ

sniggings

ohreally wrote: »

Here is an employment appeal tribunal ruling on clandestine recording...

UKEAT/0243/06/DA Chairman and Governors of Amwell View School v Dogherty 2007

The EAT accepted a recording as the employer hadn't banned them, and it was relevant to the claim (which was for unfair dismissal).

Thanks I really appreciate that.



http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&sqi=2&ved=0CCEQFjAA&url=http%3A%2F%2Fwww.employmentappeals.gov.uk%2FPublic%2FUpload%2F06_0243ResfhMLNDA.doc&ei=SUA-UNfmA8Xa0QXXooDABQ&usg=AFQjCNGEc4L0zq6Bl7xOVPGih0IxW054kQ

Thanks I really appreciate that.

Uncertain

Ashles wrote: »

It looks like you already know the answer to this. It IS against the law, and whether you believe this or not isn't really relevant.
.
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They may accept transcripts, but they do not have to. "

Let's clear this up.....

It is not "against the law" to secretly record a conversation THAT YOU ARE PARTY TO. It is however illegal to secretly record a conversation when you are not present (i.e bugging).

Whether on not such an recording (or rather a transcript from it) is acceptable as evidence at a tribunal is less clear cut. Under some circumstances they HAVE been accepted in the past and this has been upheld at appeal. It is up to the judge to rule on the merits of the case.

There is also another aspect to this. Knowing of the presence of a recording (even if not allowed in evidence) can still discourage a witness from lying at a tribunal. Doing so is perjury (a serious criminal offence) and the recording could still be used as evidence in a subsequent criminal trial.

ohreally

Ashles wrote: »

Here is an extremely experienced employment law barrister advising on the subject

Doesn't mean they're right.

In the case above, the appellant appointed an experienced employment law barrister - she lost to a lay rep.