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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3771
Experience:  Solicitors 2 years plus PQE
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My former employer secretly recorded a face to face, off the

Resolved Question:

My former employer secretly recorded a face to face, off the record, meeting I had with him a week after I was dismissed.

In it, we had a conversation about a former employee, and my former Chairman admitted to accessing my personal phone records.

In pursuing the access for my phone records, I have since discovered that in the meeting of the 1st November 2013, my former had recorded the conversation, and supplied the audio recording to the Police. I have written confirmation from the Police that they were given an audio recording of the meeting between myself and my former Chairman.

I understand you can record a conversation without the other persons consent, but can you legally supply it to a third party (albeit the Police), without my consent?

Can I pursue this in the courts for a Breach of Confidence, or the Right to Privacy?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Yes you are correct you can record a conversation secretly without the other person knowing, however an issue will arises if the person who made the recording discloses or processes in a certain way.

For what purpose did they give to the police?

Kind regards

AJ
Customer: replied 3 years ago.

AJ


 


My former employer had dismissed the former Financial Controller and had him arrested for 'Financial Irregularities', (named CP)


 


When I met with the CS (former Chairman), he commented that I should be wary of CP. I mentioned that CP had told me he received bonus's (the financial irregularity. CS said he would get the Police to take a statement from me, to which I agreed willingly.


 


I was asked to give a Statement to the Police at the request of CP, not CS.


 


From memory, other than admitting to accessing my personal mobile phone account, and me saying that CP had advised me he received bonuses, I cannot think of anything that would be of value.


 


I am not concerned particularly about the content, just that he has....

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

It is difficult because he has disclosed it to the police, and while it does not really have any content against you, the police have an overriding interest in serving justice, so it would be difficult to argue any form of breach of confidence or privacy. You have the right not to incrimminate yourself so you may have grounds to dispute the recording if there is any element of that.

What would be an issue is if he started using the recording to defame you or for example sent it to other prospective employers. In order to stop this I would recommend getting a local solicitor to write him a letter warning him off and saying 1) You did not consent to the recording and 2) If there is any disclose of the recording to any third party you reserve the right to pursue him for any loss you suffer and 3) Ask him to deliver up and destroy the recording. I would recommend that this must come from a solicitor to give it the necessary gravitas to show this individual you have taken advice on your rights.

I look forward to hearing from you.

Kind regards

AJ
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