Covertly recording meetings

By Forbes Solicitors

10 Jul 2019

james-barron.jpg

A common question that is often asked by employers is what can I do if my employee has covertly recorded a meeting.

Only a few years ago employees would have to be very motivated to covertly record meetings and it was not uncommon to find employees producing devices James Bond would be envious of, such as recording devices hidden in pens, but now with modern technology and the easy availability of recording devices on phones, this is more and more of an issue.

The law around the use of covert recordings of disciplinary hearings has been relatively established for a while now. Essentially employees can use the recording of any meeting in a tribunal, but can't use recordings of any private discussions of an employer's panel. Whilst generally employees will not be allowed to use the covert recordings of disciplinary hearings in tribunal you should still be wary of this. Even if they can't use it within the tribunal process an employee knowing what was discussed in private at a disciplinary hearing puts them at a big advantage in the process. Therefore, always be wary of employees leaving jackets, coats or bags in rooms where discussions are taking place and always ask them to take their belongings with them.

However, whilst the law on this point has been relatively established for a while, a recent decision by the Employment Appeals Tribunal dealt with the issue of whether or not a covert recording of a meeting would be an act of misconduct.

When thinking about this issue it is not surprising that it has not come up previously. Employees will generally only reveal covert recordings during tribunal proceedings or settlement negotiations and so why would an employer be concerned about misconduct after an employee has been dismissed. However, if an employee is successful at tribunal then it could be relevant to try and determine the amount of compensation an employee might receive and this is the circumstances in which the Employment Appeals Tribunal heard the case of Phoenix House v Stockman.

In this case the EAT confirmed that the recording of a disciplinary hearing could be an act of misconduct namely, a breach of trust and confidence. The EAT determined that the purpose of the recording is important in these cases, an employee who records the meeting to entrap their employer is a more serious issue than a confused and vulnerable employee who wants an accurate record of the meeting. The EAT also felt there may be some rare cases where an employee is completely justified in recording a meeting.

The EAT's reasoning did provide some useful guidance to employers. So best practice now may be to seek to confirm to the employee that they are not recording the meeting at the start of any meeting. Employers should also consider their policies and listing the covert recording of meetings as an act of misconduct or gross misconduct. There are also some cases where recording will almost certainly be gross misconduct, trying to entrap an employer or recording sensitive confidential information is much more likely to amount to gross misconduct.

For more information contact James Barron in our Employment & HR department via email or phone on 0161 918 0017.

Latest news

1

River Capital supports growth of established Blackpool kennels business Cozy Kennels

River Capital supports growth of established Blackpool kennels business

25 Feb 2025

2

Edge Hill University celebrates five Educate North Awards nominations Edge Hill University

Edge Hill University celebrates five Educate North Awards nominations

25 Feb 2025

3

Partners at law firm Harrison Drury complete management buyout John Chesworth and Simon England

Partners at law firm Harrison Drury complete management buyout

25 Feb 2025

4

Baylight ’25 Illuminates Morecambe with record crowds and community spirit The Giant Whale sponsored by Morecambe BID

Baylight ’25 Illuminates Morecambe with record crowds and community spirit

24 Feb 2025

5

Teachers swap whiteboards for workplace visits on ground-breaking scheme  Jayne Rear Cabinet Member For Education And Skills 2rd From Right And Ash Sutcliffe 3nd From Right Pictured With Representatives From Blackburn College The Heights In Burnley

Teachers swap whiteboards for workplace visits on ground-breaking scheme

21 Feb 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV121 March/April Launch Event
121 Lancashire Business View Magazine Launch
Networking
20 Mar 2025

LBV121 March/April Launch Event

The Whitakers Museum, Rossendale, BB4 6RE

08:30 - 10:30

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Women's Health champion training
Supporting Women's Health in Your Teams A Path to Success-6.png.png
LBV Hub Webinar
26 Feb 2025 - 26 Feb 2025

Women's Health champion training

*, Online, *

10:00 - 16:00

Level 3 Emergency First Aid at Work Course - In Person
RKMS ACADEMY LOGO - BLACK AND ORANGE.png.png
LBV Hub Webinar
26 Feb 2025 - 26 Feb 2025

Level 3 Emergency First Aid at Work Course - In Person

RKMS Group , Blackpool, FY42DP

09:30 - 17:00

Employment Law, Tax and Payroll Update - East Lancashire
PM and M event
LBV Hub Seminars
26 Feb 2025 - 26 Feb 2025

Employment Law, Tax and Payroll Update - East Lancashire

Accrington Stanley Football Club, Accrington, BB5 5BX

08:00 - 10:00

Preston Freelancer Meet-Up: February
Freelancer Meet-Up Feb.png.png
LBV Hub Networking
26 Feb 2025 - 26 Feb 2025

Preston Freelancer Meet-Up: February

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Better People Management Workshop
Business Breakfast.jpg.jpg
LBV Hub Seminars
26 Feb 2025 - 26 Feb 2025

Better People Management Workshop

The Jimmy Arnfield Suite Lancashire Football Association, The County Ground, Thurston Road, Leyland, PR25 2LF

10:00 - 15:30

StackedX with PM+M and CFO Techstack
LBV Hub Seminars
27 Feb 2025 - 27 Feb 2025

StackedX with PM+M and CFO Techstack

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

Better People Management Workshop
LBV Hub Seminars
27 Feb 2025 - 27 Feb 2025

Better People Management Workshop

Pendle Town Hall, Market Street, Nelson, BB9 7LJ

10:00 - 15:30

Kickstart Networking - Crazy Golf at Level, Preston
Kickstart Crazy Golf.png.png
LBV Hub Networking
27 Feb 2025 - 27 Feb 2025

Kickstart Networking - Crazy Golf at Level, Preston

Level, Preston, PR1 1HT

16:00 - 18:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin