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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My wife is being accused of bullying in the workplace and the

Resolved Question:

My wife is being accused of bullying in the workplace and the complainent has recorded a one to one without her consent and then passed this on to the company without her consent. The company are using this as evidnece during the disciplinary hearing. Can they do this?
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long has she worked there for?

Customer:

Hi I have worked there for nearly 7 years

Customer:

my husband started the question easier for me to finish

Ben Jones :

No problem. What happened in that conversation?

Customer:

I went through with her the objectives of each month which we did every month nothing untoward in fact it sounds as though I am trying to help her

Customer:

She did not mention bullying to anyone in the company until her exit interview

Ben Jones :

ok let me get my response ready please

Customer:

thanks

Ben Jones :

Hi sorry, my computer froze, just managed to sort it. It is not illegal to record private conversations between two persons so the initial act of recording the conversation is not unlawful. The main issue with making such recordings is whether any personal information about third parties is inadvertently recorded because there would be potential data protection issues. But if the recording was made, no personal data about others is recorded and it contains evidence that is relevant to a workplace issue, such as bullying, then it may be used by the employer. It is not uncommon with the availability of recording equipment on phones for such recording to be made and I have been involved in a few cases where secret recordings were made and used either by the employer or in a tribunal.

Customer:

Looking through the comments that HR have made from listening to the recording, on several occasions there appear to be mentions of other people particularly her previous line manager, she also mentions other team colleagues were mentioned by name

Ben Jones :

the issue there is that you cannot do anything about this, it is the people whose details have potentially been disclosed that have a right to challenge this, not you

Customer:

Thank you for your advice, I will come back to you if I have anymore questions

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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