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Share Twitter LinkedIn Facebook. Add a bookmark Your browser does not allow automatic adding of bookmarks. Is an employer able to record a meeting with an employee to ensure that it has an accurate record of the meeting?
Was this article helpful? After all, between your requests they might have got legal advice. It is likely that, if an employer made a secret recording of an employee at work, it would need to meet certain very demanding requirements to be allowed as evidence at an employment tribunal and it is likely to be a breach of GDPR. The decision in Punjab National Bank v Gosain in , contrary to earlier rulings, allowed a secretly recorded conversation to be admitted as evidence.
This case involved sexual harassment, sex discrimination and constructive dismissal. Before her resignation the claimant Ms Gosain attended a grievance meeting which she secretly recorded in which personal comments were made about her and her situation by the managers who attended. One of the things said was that the Managing Director had given the instruction to dismiss her whatever happened in the meeting.
The outcome was therefore pre-determined. In addition some comments were made in Punjabi which, when translated, were found to be sexually explicit and inappropriate.
The Employment Appeals Tribunal has indicated that, while covert recordings may be frowned upon, they will be admitted in some circumstances. Get advice if you can. Get their specific consent, such as through a fill-out form, which they must sign. Some instances where you might want to record a conversation overtly, remember include: Disciplinary proceedings. Grievance proceedings. Performance review meetings. Board meetings.
Management meetings. What about covert recording at work? Can employers do those? Be clear with your stance on recording. Talk to an Expert For more information about recordings in the workplace, speak to a Croner employment law expert today on About the Author. Any Questions? Do you have any questions? Get a free callback from one of our regional experts today. Speak to an expert.
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