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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68277
Experience:  Qualified Solicitor
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A fellow employee has recorded a conversation without my

Customer Question

Hi a fellow employee has recorded a conversation without my consent and now two months later he is taking me into a disciplinary at work can he do this
JA: Has the employee discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: with the manager
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 7 months ago.

What is the conversation about and how long have you worked for your employer?

Customer: replied 7 months ago.
I have worked at my present place for four years, I was asked to describe a fellow colleague to him so he could swap duties with him and I described him as a little pack man no discrimination intended
Customer: replied 7 months ago.
I can't afford phone call at the moment
Expert:  Ben Jones replied 7 months ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. You should complain to the employer about the covert recording being made as that should be considered misconduct. This was confirmed by a recent case in the Employment Appeals Tribunal, namely the case of Phoenix House v Stockman.

The EAT ruled that it is good employment practice for an employee or employer to say if there is any intention to record a meeting, and it is generally misconduct not to do so, except in the most pressing of circumstances.

I doubt they can argue it was a pressing need to record it secretly here so this should be viewed as misconduct and taken further by the employer following your complaint.

Does this answer your query?

Expert:  Ben Jones replied 7 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you