Recording Disciplinary Meetings

Bradden

I understand my employer is planning on banning any recording for company proceedings.

I'm not sure why they would have a problem with this as they do things by the book and have nothing to hide.

Just wondered what the legal position would be?

Pete111

My understnading is although notes have always been allowed to be taken, you do not have the automatic right to record a disciplinary/greivance meeting.

Recent case law on this anyone?

Ddunn

"There is no statutory obligation on any employer to permit an employee to tape record disciplinary hearings.

Therefore, unless the company disciplinary procedure sets out a right for employees to tape record hearings (and such a provision is not common), there is no obligation to agree to the employee's request."

If you did do it against there wishes the law states you can do so if in the public interest.

There has been employment tribunal cases where they usually do allow recordings but only if your in the room.

http://businessdatabase.indicator.co.uk/business_advice_directory/articles/unfair_dismissal/using_secret_tape_recordings_in_tribunals/UKTAPSAR_EU091307

Uncertain

Pete111 wrote: »

My understnading is although notes have always been allowed to be taken, you do not have the automatic right to record a disciplinary/greivance meeting.

Recent case law on this anyone?

It is not illegal (i.e not a breach of the criminal law) to secretly record a conversation YOU ARE PARTY TO. It could however be a criminal offence to record parts of the meeting when you were not present (i.e bugging).

Such recordings (or transcripts from them) have been accepted as evidence by employment tribunals and this has been upheld on appeal.

Equally, under some circumstances, they have been ruled out.

A person who has been secretly recorded may have some civil redress under the ever growing / creeping privacy laws.

If the firm has prohibited recordings then making one would be a disciplinary offence in itself. However, providing you don't get caught and if it was only used following a dismissal that becomes academic!

Ddunn then said.....

If you did do it against there wishes the law states you can do so if in the public interest.

I don't think that is quite correct. As I say, secretly recording a conversation you are party to is not an offence so that would only be relevant as a defence if you had been "bugging".

Ddunn

Uncertain wrote: »

I
Ddunn then said.....


I don't think that is quite correct. As I say, secretly recording a conversation you are party to is not an offence so that would only be relevant as a defence if you had been "bugging".

My post wasn't written very clearly, sorry. Yes I agree with Uncertain only if party in this case.

Bradden

Thank you for all the replies folks.

maninthestreet

Would such a recording, if prohibited under company rules, be admissable in any subsequent ET?

ohreally

https://www.employmentappeals.gov.uk%2FPublic%2FUpload%2F06_0243ResfhMLNDA.doc&ei=SUA-UNfmA8Xa0QXXooDABQ&usg=AFQjCNGEc4L0zq6Bl7xOVPGih0IxW054kQ

Admissibility of evidence. On an unfair dismissal claim, the Employment Tribunal made an order enabling the employee to adduce evidence from unauthorised recordings she had made of the employers’ disciplinary and appeal panel hearings, including the private deliberations of the panel members. An appeal against that order raised the issue as to whether there was any public policy justification for exclusion of the evidence or whether its exclusion could be otherwise be justified by reference to the Human Rights Act.

Uncertain

maninthestreet wrote: »

Would such a recording, if prohibited under company rules, be admissable in any subsequent ET?

It MAY be depending on the circumstances (and indeed the judge)!

The case cited above is one where the EAT ruled it admissible. Equally there ave been other instances where an employment judge has ruled against. I don't know if any of these were appealed.