Can you covertly record a disciplinary hearing?

Written by Lucy Stones.

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.

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