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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 7019
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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I am going to tribunal shortly and representing myself and I

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Hi,I am going to tribunal shortly and representing myself and I wanted to check something. Am I able to submit a phone recording as evidence. It is completely relevant to my case and provides clear cut evidence that my confidentiality was breeched and Senior management where sharing information.Many thanksDaniel

How did you obtain the recording and did the people present know that they were being recorded?

Michael

Customer: replied 3 months ago.
Hi Michael,No it was only one Senior Manager who had been bulling and threatening me for a long period however in this case it was evidence that someone had shared the contents of my grievance with him as he was apart of that grievance. It may be of use to know the leaking of information potentially put my health and safety at risk because one of the persons named (another senior manger) in my grievance carried a knife to work and had made comments that just like when he was in the military he would cut anyone's throat who got in his way so I was extremely distressed that he would pass on the information.

The position regarding recorded evidence is more complex than other types of evidence as it is possible to be challenged on the basis that either than the voice is not that of the individual alleged or that the recording has been tampered with.

Assuming that this issue either does not arise or the tribunal is satisfied that the recording is genuine then the issue of whether it was recorded opening or not would arise.

The tribunal should disallow any recording obtained where the parties did not know of the recording, however, in my experience the tribunal often allows it nonetheless.As such there is a reasonable chance of it being allowed

If there are any further points please reply I will be happy to respond. I will be on and off the system all day

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

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