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

Times Higher Education Award for Lancaster University’s “innovation success story” Lancaster University has won the Knowledge Exchange/Transfer Initiative of the Year Award

Times Higher Education Award for Lancaster University’s “innovation success story”

14 Nov 2025

2

Union warns strikes will bring BAE Systems ‘to its knees’ bae-systems-samlesbury.jpg

Union warns strikes will bring BAE Systems ‘to its knees’

14 Nov 2025

3

County Hall looks at a two-council future for Lancashire County Hall in Lancashire

County Hall looks at a two-council future for Lancashire

13 Nov 2025

4

22 festivals given support from Association of Independent Festivals and Skiddle partnerships AIF and Skiddle supporting festivals

22 festivals given support from Association of Independent Festivals and Skiddle partnerships

13 Nov 2025

5

Sibling hoteliers vie for same tourism award Three of the four generations of hoteliers Ollie, Liz, Nigel and Irene

Sibling hoteliers vie for same tourism award

11 Nov 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
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

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

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

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

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

Sub36 Networking - Jurassic Village
Jurassic Village
Networking
18 Nov 2025 - 18 Nov 2025

Sub36 Networking - Jurassic Village

Jurassic Village, Burnley, BB10 2FU

09:00 - 11:00

Blackburn & Darwen Youth Zone Quiz
Thursday 20th November.png.png
LBV Hub Fundraisers
20 Nov 2025 - 20 Nov 2025

Blackburn & Darwen Youth Zone Quiz

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:00

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin