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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44936
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have had a private conversation with my boss regarding

Customer Question

Hi, I have had a private conversation with my boss regarding some of our employees performance / ability (I am an area manager) and another employee has recorded it without our knowledge and sent it to other company employees. Is this lawful?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How did he get to record it, was he there or just left the recording device?
Customer: replied 7 months ago.
He has recorded our conversation on his mobile phone which he left in the office we were meeting in.
We were discussing both his performance and other employees so it was certainly private which we assumed it would be as the office was closed
Expert:  Ben Jones replied 7 months ago.
What have the repercussions of this been, has the employer done anything about?
Customer: replied 7 months ago.
So far we are unsure of the repercussions, he has gone off sick as of today (which will be dealt with now seperatrly and he will be invited to raise a grievance as he states his sickness is due to the content if this recording). he has also shared his recordings with our company hierarchy within the UK. My boss is a franchisee so it could have major PR and business implications halting any future franchise expansion.
He has shared it with other managers on his level in an attempt to impact both my and my franchisees credibility.
I just wonder what we can do as we did not know we were being recorded as it was a very private conversation
Expert:  Ben Jones replied 7 months ago.
Legally it is not unlawful to secretly record a conversation between two people, however if the recording is to be disseminated then the consent of the recorded parties is required. The issue is that there is no specific law which deals with such a breach and it could be encompassed by negligence laws, data protection laws, general employment laws, etc. It would be difficult to pursue this under negligence and data protection so it may be best if you deal with it internally with the employer. You have the option of raising a formal grievance against this person and the employer will have a duty to investigate the complaint and deal with it appropriately. So you are probably looking at the employee being investigated and then disciplined if the employer believes this was done maliciously or unfairly. There is no guarantee of what the outcome would be, it could be nothing, it could be a warning, it could be dismissal – it depends in various factors, especially the investigation and what the employer believes happened. So this is the route you should pursue in the circumstances – you also have the right to appeal the outcome if you are unhappy with it. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 7 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 7 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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