Beware - covert recordings can be used in Tribunal

A recent case in the Employment Tribunal has highlighted the issue of employees making recordings during disciplinary and grievance hearings.

The case (Punjab National Bank v Gosain) involved an employee who made allegations of sexual harassment and sex discrimination in her claim for constructive unfair dismissal. Before resigning from the company the employee, Ms Gosain, attended grievance and disciplinary hearings during which she made secret recordings; including recording the conversations between her managers during breaks.

This case is of particular relevance in this day and age with the widespread use of smartphones and tablet devices, the vast majority of which have recording capabilities. It also highlights the need for care when holding discussions about employees, even if you believe the discussions to be ‘in private’.

Another route employers could follow is to make it clear to all in attendance at the hearing that minutes are being taken and will be made available to all parties. This is advised by ACAS and is good practice in any event, but could also deter employees from attempting to make recordings.