The prevalence of smartphones and accompanying recording applications has caused a significant increase in employees making secret recordings during disciplinary or performance review meetings, or during conversations with their managers. Employers may be wondering whether it is lawful for employees to secretly record a conversation in the workplace and, if so, whether the recorded conversation can be used in legal proceedings and how the courts view such conduct by employees.
The question of whether an employee can introduce secret recordings as evidence in legal proceedings has been considered in a number of recent cases. The courts have demonstrated a willingness to admit certain recordings whilst also recognising that in some cases, the secret recording will justify termination of employment.
19/01/2016Our seminar series for 2016 has been scheduled. We invite you and your colleagues to join us for these informative, interactive workshops.