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

Spudbros Express to open 30 more locations across the UK Spudbros Express

Spudbros Express to open 30 more locations across the UK

12 May 2026

2

Lumo reveals new West Coast service launch date Lumo train

Lumo reveals new West Coast service launch date

12 May 2026

3

Mulberry Waste acquisition supports market growth Ecobat

Mulberry Waste acquisition supports market growth

11 May 2026

4

Handelsbanken expands Youth Zones support Handelsbanken are supporting the youth zone

Handelsbanken expands Youth Zones support

11 May 2026

5

Raising a glass to Thwaites winning silver award Paradise Number 3 at Thwaites

Raising a glass to Thwaites winning silver award

11 May 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
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

How to handle an underperforming employee
Logo.jpg.jpg
LBV Hub Seminars
20 May 2026

How to handle an underperforming employee

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

U35 Networking Event
Logo.jpg.jpg
LBV Hub Networking
20 May 2026

U35 Networking Event

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

Preston Freelancer Meet-Up: May
LBV Hub Networking
21 May 2026

Preston Freelancer Meet-Up: May

Society1, Coworking Space, Preston, PR13LT

10:00 - 12:00

Stop Underselling, price for profit, not just survival
Logo.jpg.jpg
LBV Hub Seminars
21 May 2026

Stop Underselling, price for profit, not just survival

Lancaster & Morecambe College, Lancaster, LA1 2TZ

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