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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My wife is going into a meeting with her employers tomorrow

Resolved Question:

My wife is going into a meeting with her employers tomorrow she has been off work for 12 months with stress and anxiety her doctor has told her employers she can return on a part time basis but they say they can't accommodate part time so tomorrow they said if nothing can be reached her employment could be terminated which isn't the problem she has 18 years service and feels they will bully her out with nothing so what we are asking can she record the meeting on her phone when she first enters the room because she is really panicking of the confrontation
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have a specific question about this ?

Customer: Can my wife record her meeting tomorrow
Customer: Hi are you still ther
Customer: Hi Ben I'm waiting for my answer
Ben Jones : Hi sorry my connection dropped last night. It is not illegal to secretly record meetings between individuals. Whether any legal issues arise as a result depends on the contents of the conversation being recorded and how the recording is to be used. The first issue is in relation to third party confidentiality. The Data Protection Act 1998 (DPA) applies to situations involving the processing of personal data. If the recording deliberately or accidentally records personal data about a third party, then its use could be restricted by the DPA. As such, try not to keep any recordings that contain such information. The second issue is to do with the intended use of the recording. If this is to be used as evidence in court, whilst the court retains the final authority on whether it should be allowed as evidence, certain principles exist and can be considered in advance. I know you will not be using this in court (at least you have no plans yet) but the principles would be the same.The leading case is that of Dogherty v Chairman and Governors of Amwell School. Mrs Dogherty, a teacher in the school, had made secret recordings of an "open" disciplinary meeting that she was subjected to and the subsequent "private" appeal meeting, held in her absence. She then tried to use these recordings as evidence in her claim for unfair dismissal against the school.The Employment Appeal Tribunal decided the following:• The contents of the "open" disciplinary hearing were capable of being secretly recorded as it was directly relevant to the teacher's claim• The recording of the "private" appeal hearing was not admissible as evidence. As this was conducted in private, it was not directly relevant to the claim.A more recent case is that of Punjab National Bank v Gosain, where an employee covertly recorded private discussions made by the employer as part of a grievance and disciplinary hearing. The employer may inappropriate remarks about the employee and the Employment Appeals Tribunal decided that this is admissible evidence as the comments did not form part of the deliberation process of the grievance and disciplinary. So whether the use of a secret recording would be allowed very much depends on the contents of the recording and the nature of the meeting that was being recorded. As long as there is no illegal recording of personal data about others and the conversation that was recorded was not part of private deliberations about the issues at hand, there is a good argument that their use as evidence should be allowed.
Ben Jones : Hope this answers your query?
Customer:

Can she inform them she is recording the meeting for her minutes

Ben Jones :

she can inform them that she is recording it but she does not have to do so in advance and if needed the recording can be made covertly, as long as the data protection issues I discussed earlier are not breached

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Yes I'm satisfied with your answer thank you Ben for your assistance

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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