Employers have been warned by legal experts that staff could be recording what they say or recording private conversations to obtain incriminating information or take legal action against them.
An article in the Financial Times cites high-profile cases such as the FIFA arrests as a prime example of tapped equipment to record. Such equipment is used in sexual harassment cases and other employment tribunals in order to challenge an employer.
Increase in Recordings
A report from the Advisory, Conciliation and Arbitration Service (Acas) stated that they had noticed a marked increase in the number of employees recording conversations and using such conversations in employment tribunals. Acas stated that following a noted rise in 2013, the trend is set to continue. In a statement they said: “Employers may well wonder if such a practice is fair or reasonable. Certainly, tribunals have been describing covert recording as ‘very distasteful’ and ‘discreditable’.”
Evidence has found that a number of employees are not only recording private conversations, but also public meetings to potentially serve as extra evidence to allow them to show the tribunal the character of their employer. Legal authority states that such covert recordings can be permissible evidence, even although it may not do much to assist the employee’s credibility.
Employers can instigate disciplinary proceedings where an interview or conversation has been recorded covertly. However, for many this will further damage relationships with staff and could lead to more attempting to take legal action against employers.
Contact Us
If you have concerns about your employees recording workplace discussions and need assistance in managing the problem whether in terms of your disciplinary procedure or introducing a more general policy, our team of solicitors can help. Contact us today using our online contact form.
