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

College restaurant honoured with top culinary award from prestigious chefs’ guild Karen Lilley Front Of House Lecturer David McKown David Lyon Scholars Manager And Blackburn College Principal Dr Fazal Dad

College restaurant honoured with top culinary award from prestigious chefs’ guild

10 Jun 2025

2

Cosmetic manufacturer lets new unit on Frontier Park, Burnley Badgequo have agreed to let the site on Frontier Park

Cosmetic manufacturer lets new unit on Frontier Park, Burnley

10 Jun 2025

3

SQ Digital celebrates 25 years and enters new era with CEO appointment Kamal Essa

SQ Digital celebrates 25 years and enters new era with CEO appointment

09 Jun 2025

4

New chair appointed to Atlas BFW Management Graham Cowley

New chair appointed to Atlas BFW Management

09 Jun 2025

5

Napthens makes key appointments to further growth strategy of newly appointed managing director Napthens appointments Jayna Mistry, Onyeka-Obedi and Rebecca Rhodes

Napthens makes key appointments to further growth strategy of newly appointed managing director

09 Jun 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
Sub36 Networking
Sub36 Social1200pxandi Lewis
Networking
11 Jun 2025

Sub36 Networking

Mytton Fold Hotel , Blackburn , BB6 8AB

09:30 - 11:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200pxtrident 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

LBV123 July/August Launch Event
Lancashire Business View magazine launch
Networking
16 Jul 2025

LBV123 July/August Launch Event

Burnley College Industry Hub, Burnley, BB120AN

08:30 - 10:30

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

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

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

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

09:00 - 15:30

Preston Freelancer Meet-Up
LBV Hub Networking
12 Jun 2025 - 12 Jun 2025

Preston Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

The Business Network Central & East Lancashire
LBV Hub Networking
12 Jun 2025 - 12 Jun 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Midnight Oil: The Entrepreneur’s Journey: Scaling Strategies with Brad Waldron
BU-June-Event-BRAD-1.jpg.jpg
LBV Hub Networking
18 Jun 2025 - 18 Jun 2025

Midnight Oil: The Entrepreneur’s Journey: Scaling Strategies with Brad Waldron

Blackpool Football Club, Bloomfield Rd, Seasiders Way, Blackpool, FY1 6JJ

08:30 - 11:30

Chamber Business Lunch – June
Chamber Logo1.png.png
LBV Hub Networking
20 Jun 2025 - 20 Jun 2025

Chamber Business Lunch – June

Lancaster House Hotel, Bailrigg, Lancaster, LA1 4GL

11:00 - 13:30

90 day Business Planning Workshop
LBV Event Header.png.png
LBV Hub Seminars
20 Jun 2025 - 20 Jun 2025

90 day Business Planning Workshop

Bolton Arena, Arena Approach, Horwich, BL6 6LB

09:00 - 16:30

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 LBV122 Online Graphic
Subscribe now

Weekly news bulletin