A warning to employers - are you being recorded?

By Taylors Solicitors

31 Mar 2014

Have you thought what would happen if one of your employees decided to secretly record meetings with their manager with the sole intention of collecting evidence to use in an employment tribunal?

By Taylors Solicitors.

It is a growing trend in the workplace which looks set to continue as sophisticated portable recording equipment becomes even more accessible to employees via their smartphones and devices.

In a recent case, (Punjab National Bank Limited v Gosain), the employment appeal tribunal held that when an employee hides recording equipment and captures comments made during his or her employer's private deliberations during a grievance and disciplinary hearing, then this evidence is admissible in an employment tribunal if it does not form part of the employer's deliberations on the matters in question.

So is this fair and reasonable to employers?

Tribunals have described covert recording as "very distasteful" and "discreditable". But case law suggests that this in itself may not be enough to make them inadmissable as evidence.

FACTS

The employer was alleged to have made wholly inappropriate comments about the employee when she was out of the room, which were (allegedly) captured on convert recording equipment. The EAT stated that the correct test is to undertake a balancing exercise, setting the general rule of admissibility of relevant evidence against the public policy interest in preserving the confidentiality of private deliberations in the internal grievance/disciplinary context.

DOS & DON'TS FOR EMPLOYERS

Employers may want to prohibit recording of meetings in their policies and procedures, but remember that this is unlikely to deter all your employees.

Managers should always be on guard to the possibility that their comments are being recorded during any meeting when employees are out of the room, especially if they leave their coats or other items of personal property in the room. Whether or not you decide to record a meeting, it is wise to take detailed notes and have a note taker present.

Make sure managers are trained to deal effectively with difficult meetings with employees, such as disciplinaries and grievance meetings, and that they are aware that everything that happens during the course of these meetings can form part of the evidence in an employment tribunal claim.

You should consider arranging your own recording (not covertly, of course) meaning there is no need for the employee to make their own copy. An employment tribunal is likely to be impressed by an employer who records disciplinary meetings as it demonstrates transparency.

Cultivate an open and supportive atmosphere in the workplace, where employees do not feel any need to make covert recordings.

If an employee has a physical or mental impairment that makes taking their own notes difficult, then allowing them to take an audio recording of the meeting may be option, if there is no other reasonable alternative. Taylors can help with advice about these issues and can also provide bespoke training for managers on handling disciplinary and grievance issues.

Latest news

1

Roundhouse secures approval for new £15m office and industrial scheme in Preston Momentum

Roundhouse secures approval for new £15m office and industrial scheme in Preston

25 Jul 2025

2

Homebuilder's high-performing sales advisers clinch awards Ben Garland and Julia Lorente

Homebuilder's high-performing sales advisers clinch awards

24 Jul 2025

3

Work is set to start on Multiversity project Multiversity Blackpool

Work is set to start on Multiversity project

24 Jul 2025

4

BAE Systems welcomes MOU between Republic of Turkiye and UK for purchase of Typhoon aircraft Typhoon production Warton

BAE Systems welcomes MOU between Republic of Turkiye and UK for purchase of Typhoon aircraft

23 Jul 2025

5

Assystem to double UK jobs to deliver Sizewell C EDF Assystem

Assystem to double UK jobs to deliver Sizewell C

22 Jul 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
Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

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

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

Preston Tech Connection: Buzz Word Bingo. Challenging Todays's Buzzwords In Tech
July PTC banner long updated.png.png
LBV Hub Networking
29 Jul 2025 - 29 Jul 2025

Preston Tech Connection: Buzz Word Bingo. Challenging Todays's Buzzwords In Tech

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Preston Freelancer Meet-Up: July
Longer July Banner.jpg.jpg
LBV Hub Networking
31 Jul 2025 - 31 Jul 2025

Preston Freelancer Meet-Up: July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Advantage: AI – A Workshop for Business Leaders – August 14th
Navy--Event Tile.png.png
LBV Hub Seminars
14 Aug 2025 - 14 Aug 2025

Advantage: AI – A Workshop for Business Leaders – August 14th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

The Business Network Central & East Lancashire
LBV Header (24).png.png
LBV Hub Networking
21 Aug 2025 - 21 Aug 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Morecambe Bay Walk
Walk.jpg.jpg
LBV Hub Awards
30 Aug 2025 - 30 Aug 2025

Morecambe Bay Walk

Arnside, CARNFORTH, LA5

09:30 - 14:00

Longridge Soap Box Derby
Screenshot 2025-06-10 090035.png.png
LBV Hub Fundraisers
14 Sep 2025 - 14 Sep 2025

Longridge Soap Box Derby

Berry Lane, Longridge, PR3 3WH

10:00 - 16:30

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

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 LBV 123 Online Graphic
Subscribe now

Weekly news bulletin