Can you covertly record a disciplinary hearing?
This is a common question and not surprising given today’s advanced technology. The general answer to this question is that recording any part of the meeting where the employee was present may be admissible before an Employment Tribunal if the Tribunal believes it is relevant to the facts of the case. However, any covert recordings of private discussions (such as the disciplinary panel deliberations) will not be admissible albeit there are rare exceptions to this rule.
It is becoming increasingly more common for employers to review their disciplinary procedures to ensure it is expressly prohibited for employees to record hearings. In addition, most employers now start a disciplinary hearing informing the employee that they must not record the meeting. Whilst this is a step toward prohibiting an employee, it still will not necessarily mean that the covert recording is inadmissible.
The employees should be cautious when looking to covertly record disciplinary hearings especially when an employer has expressly prohibited recordings. The risk, which the employee could encounter, would be of the employer considering they are guilty of misconduct and they could be separately disciplined for this. The result could amount to a breach of the implied term of trust and confidence resulting in their dismissal.
If you need help with your disciplinary, please call 01522 440512 for a free, no obligation, consultation about your matter. Alternatively, for more information about how to defend yourself in disciplinary matters read our post https://lincslaw.co.uk/blog/misconduct-allegations-workplace-disciplinary/
Specialist Employment Law Solicitor