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

Lumo opens new Preston rail base in style ahead of West Coast expansion Lumo in Preston

Lumo opens new Preston rail base in style ahead of West Coast expansion

23 Mar 2026

2

Bowker Motor Group marketing team wins National BMW and Porsche Awards Amy Lancaster-Hall, Marketing Manager; Freya Hesketh, Marketing & Social Media Executive; Chloe Robinson, Graphic Designer and Ellie Shaw, Social Media Expert

Bowker Motor Group marketing team wins National BMW and Porsche Awards

20 Mar 2026

3

First phase of major Blackpool town centre £17m road upgrade starts Aerial image of Blackpool town centre

First phase of major Blackpool town centre £17m road upgrade starts

20 Mar 2026

4

Breck submits planning for 64-home affordable housing scheme Bolshaw Road layout

Breck submits planning for 64-home affordable housing scheme

20 Mar 2026

5

Barons Contract Furniture announces strategic expansion with major investment in Leyland Barons Furniture expansion

Barons Contract Furniture announces strategic expansion with major investment in Leyland

19 Mar 2026

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
AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36 Outdoor Elements Logo1920x1008
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

Exploring Debt Finance: Unlocking SME Growth
LCC Event Logos
LBV Hub Exhibitions
24 Mar 2026

Exploring Debt Finance: Unlocking SME Growth

Farleys Solicitors, 3 Mead Way, Shuttleworth Mead, Padiham, Burnley, BB12 7NG

09:00 - 12:00

The Marketing Meetup Lancashire
TMM Lancs - 27th Jan.jpg.jpg
LBV Hub Networking
25 Mar 2026 - 25 Mar 2026

The Marketing Meetup Lancashire

Six Connections, One Slater Terrace, Burnley, BB11 1BU

18:00 - 20:00

Invest in Pendle: A Live Celebration Event
Northlight photograph
LBV Hub
25 Mar 2026

Invest in Pendle: A Live Celebration Event

The Leisure Box, Northlight Mill, Glen Way, Nelson, BB9 5NH

12:00 - 14:00

The Employment Rights Act 2025: What you need to know
Logo.jpg.jpg
LBV Hub Seminars
26 Mar 2026 - 26 Mar 2026

The Employment Rights Act 2025: What you need to know

Lancaster & Morecambe College, Lancaster, LA1 1TZ

08:00 - 10:00

90 Day Business Planning Workshop
LBV Hub Networking
27 Mar 2026 - 27 Mar 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

The Ultimate Music Quiz
Logo.jpg.jpg
LBV Hub Fundraisers
27 Mar 2026 - 27 Mar 2026

The Ultimate Music Quiz

Morecambe Football Club, Morecambe, LA4 4TB

19:00 - 22:30

Lancashire Business Expo 2026
SE, Lancashire 2025.png.png
LBV Hub Exhibitions
27 Mar 2026 - 27 Mar 2026

Lancashire Business Expo 2026

Sir Tom Finney Sports Centre, Preston, PR1 2HE

09:00 - 15:00

RISE - a tailored 6 month leadership programme for women across the North West
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
15 Apr 2026 - 15 Apr 2026

RISE - a tailored 6 month leadership programme for women across the North West

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

09:00 - 15:30

Sickness Absence: key actions for your business
Logo.jpg.jpg
LBV Hub Seminars
22 Apr 2026 - 22 Feb 2026

Sickness Absence: key actions for your business

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin