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Call recording boss

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Hello,

I work for a contact centre who record employee phone calls. I recently called in sick on this system and had to speak to my manager. He went on to say I would be sacked if I took a sick day. I have a recording on my mobile of this conversation but I am worried about the law regarding wether or not I can take up a grievance with my employer and let them listen to this conversation. The call did not state it was being recorded by me or by the employer.

If i bring a grievance against my manager and play the recording to HR or another higher up manager can I be sacked for this? Or sued or does Data Protection Act in the UK come into play?

Thanks
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Comments

  • stevemLS
    stevemLS Posts: 1,067 Forumite
    What does your absence management policy say?

    What is your sickness record like?

    What to you hope to achieve by raising a grievance?

    Many contact centres treat staff like crap. Whether or not your manager was right to say this (and I don't know why you would record the call) you need to manager what you feel you would gain by raising the grievance against the potential disbenefits, which include having your "card marked" as a troublemaker.
  • Spartu
    Spartu Posts: 11 Forumite
    Absence policy is set in our contract, we are allowed 3 days absence in a 12 month period or 5 days total sickness. I have had one day sick since I started 5 months ago.

    I wish to have a formal apology by raising the grievance or if a formal apology is not given to take it further. Also our policies on the way staff are treated is very strict so he is very much in doudt in the way he spoke to me.
  • Spartu
    Spartu Posts: 11 Forumite
    Also my mobile automatically records calls. Iit just so happened when I phoned in sick he spoke to me like utter crap and stated that it would sweet dreams if I took it sick. So I did not take it sick and went in.
  • stevemLS
    stevemLS Posts: 1,067 Forumite
    Well if you have only 5 months service if I were you I would be very cautious, you may well find yourself marked down as a trouble maker and shown the door.

    Provided it is not for a discriminatory reason, they can fire you for any reason (or indeed none).
  • sangie595
    sangie595 Posts: 6,092 Forumite
    The answer here is very simple. You have five months employment. If you wish to see six months you keep your head down, say nothing and stop recording phone calls (or anything else, for that matter).
  • Spartu
    Spartu Posts: 11 Forumite
    edited 16 September 2015 at 9:28AM
    I understand. However as the type of organisation I work for is very much tied down in policies they wouldn't be able to do this for no reason. Also its not trouble making if I have been treated unfairly. Also if I was fired for no reason I would most likely have grounds for unfair dismissal the contract also states if im let go I will get 5 weeks pay. So my question remains can I take this recording to HR/management? Please note aswell I have a union which I am apart of. Almost all the staff are part of the union.
  • You cannot claim unfair dismissal (except for a very few discrimination type reasons which don't seem to apply here) as you have less than two years service.

    It is not illegal (i.e. not a crime) to secretly record a face to face conversation you are party to. Publishing that recording (even to one person) can raise certain civil issues depending on the circumstances.

    There may be special rules regarding phone conversations, you would need to check, as it may be a breach of telecommunication regulations.
  • Spartu wrote: »
    I understand. However as the type of organisation I work for is very much tied down in policies they wouldn't be able to do this for no reason. Also its not trouble making if I have been treated unfairly. Also if I was fired for no reason I would most likely have grounds for unfair dismissal the contract also states if im let go I will get 5 weeks pay. So my question remains can I take this recording to HR/management? Please note aswell I have a union which I am apart of. Almost all the staff are part of the union.

    I very much doubt this is true with 5 months service, you should get advice on that statement before doing anything that might see the company want to get rid of you.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    You can't claim unfair dismissal for the first two years. Whatever you think the employer thinks - they don't. You haver five months employment and a grievance against your manager, whether you think it warranted or not, will result in your dismissal. If not immediately, very quickly.

    Oh - and if you are charged with gross misconduct for recording the conversation - which you can be - you will be leaving with no notice pay.

    Continue along these lines at your own peril.
  • DandelionPatrol
    DandelionPatrol Posts: 1,313 Forumite
    edited 16 September 2015 at 9:49AM
    sangie595 wrote: »
    The answer here is very simple. You have five months employment. If you wish to see six months you keep your head down, say nothing and stop recording phone calls (or anything else, for that matter).
    I disagree. You don't know what is going to be said in a call until the call is over, so far better to record than not to and regret not capturing anything important.

    Where I would agree is not making anything of this call, but keep the recording and carry on recording this boss. He could turn out to be one of those people who say something which is a step too far. But on the whole, just keep your head down. At the moment, if you play the recording to his bosses, they will probably congratulate him.

    If ever it does come to using a recording, what you present is a summary of what is said and if it is disputed, you say that you have a recording and you will produce it subject to the permission of the other party in the call. There is no problem with making recordings for personal use, only with sharing the contents of a recording.

    Edited to add: OP says that all employee calls are recorded. So really no bar whatsoever to OP recording - it is even sensible. You can bet that if the employer wants to use the recording it will be available but if the employee wants it, it will not be available. Where one side is recording a call, the other side may do so with impunity.
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