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

Tangerine Group to unveil plans for new £20m global HQ and community investment Tangerine unveil plans for £20m proposals

Tangerine Group to unveil plans for new £20m global HQ and community investment

16 Mar 2026

2

Aztek Security Services set to double turnover as expansion gathers pace Alan Townley Aztek Security Services

Aztek Security Services set to double turnover as expansion gathers pace

16 Mar 2026

3

Blackpool entrepreneur invests £3.5m in transformation of seafront hotel The Glass Tower and Eleven

Blackpool entrepreneur invests £3.5m in transformation of seafront hotel

16 Mar 2026

4

Bowker creates new Group Director role to accelerate data, A.I. and aftersales strategy Jonathan Rogan

Bowker creates new Group Director role to accelerate data, A.I. and aftersales strategy

16 Mar 2026

5

Red Rose Awards winners 2026 revealed Red Rose Winners 2026

Red Rose Awards winners 2026 revealed

14 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
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

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
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

Could your business be a King’s Award winner?
King's Cross Awards
LBV Hub
18 Mar 2026

Could your business be a King’s Award winner?

11 Victoria Street, Preston, Lancashire, PR1 7QS

16:00 - 18:00

Preston Freelancer Meet-Up and Coworking Day: March
March Freelancer Square.png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

Preston Freelancer Meet-Up and Coworking Day: March

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

The Business Network Central and East Lancashire
LBV Header (30).png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

The Business Network Central and East Lancashire

Barton Manor, Preston, PR3 5AA

11:30 - 14:15

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

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 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

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

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

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