February 18th, 2015 / Insight posted in

How Employment Tribunals deal with covert recordings by employees…

By Donal Moon There is nothing worse for an employer than discovering during Employment Tribunal litigation that an employee has taken a covert recording of, say, a disciplinary or grievance meeting or even of the deliberations between managers after they have left the room. Unfortunately for the employer, a string of cases has confirmed that employment tribunals will (and often do) allow covert recordings taken by employees to be admitted as evidence in Tribunal proceedings. Whilst no bones have been made about the fact that Tribunals believe such recordings to be distasteful, they will, and commonly do, admit a true transcript of the recording if the contents are relevant to the issues it needs to decide upon in a case. Depending upon what was said, it could damage the employer’s chances of defending a Tribunal claim and lead to unfortunate negative publicity and reputational damage. Remember, prevention is better than cure. Employers should take care not to say anything undiplomatic about employees that may come back to haunt them, but also need to think about ways in which they can prevent employees from taking covert recordings in the first place. You can get expert HR and Legal guidance from HR Insight Ltd…