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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49850
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben. Following on from this, I spoke to our HR Manager in

Customer Question

Hi Ben. Following on from this, I spoke to our HR Manager in confidence regarding this matter and asked if the meeting could be in confidence and she highlighted yes. I have now found out that she has actually recorded the conversation on her phone and played it back to my Director without my knowledge. This has now jepordised my position and I feel totally betrayed. Has she a right to record a confidential conversation and to take the action she did? I have been with the company for 14 months
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello again, there are a couple of issues here. One is that the employer's actions could amount to a breach of trust and confidence, but that is something you can only take formal action against if you have more than 2 years' service with them. It would allow you to make a claim for constructive dismissal but unfortunately that is not an option in your case. The other issue is that it could amount to a breach of data protection. There is no minimum service required for this but you can only make a claim if you have suffered actual financial losses as a result of the employer's breach. So you must be able to show that by recording the conversation and playing it back you have been directly affected financially, which could be difficult. Apart from that you could of course raise a grievance at any time over this but this only leaves the matter in the employer's hands and if you get an unsatisfactory outcome you could not challenge it any further.

JACUSTOMER-w018zjf2- :

Hi Ben, if someone requests a meeting or if something is being raised i.e. if a staff member has issues does a notetaker or witness need to present? Or can it simply be on a one to one basis?

Ben Jones :

there is no legal requirement for a note take to be present. Many employers would have one so that the person taking the meeting has sufficient capacity to deal with the issues but this is done on a discretionary basis and it can certainly be done on a one to one if needed

Ben Jones :

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? Thanks

Expert:  Ben Jones replied 3 years ago.
Hello Mark, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you