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Your Questions AnsweredPosted on by Angela Rhodes
Q: My client has recently carried out a disciplinary meeting and, on appeal – where they claimed discrimination, their employee has produced a recording on his phone of the meeting. He didn’t say, however, that he was recording the meeting at the time and if this was to go to employment tribunal, can they refuse it as evidence? A: No! The reason is because this is in support of a discrimination claim. Even though he had made many hours of recordings using his mobile phone (he didn’t have a witness as a note taker to accompany him) and stated that the records of the original meeting were not a true reflection. Any employment tribunal would find this unpalatable. Just because it was recorded covertly, didn’t mean they were inadmissible. A judge could state that some parts of the recordings are relevant. There is a lot in the press about recordings at formal meetings and our rule of thumb is that if you state you wish to record a meeting, and make a note of this when transcribing your notes, that this is acceptable. We have known for an employee to openly state that they wish to record the meeting, which we have agreed to as long as they don’t mind us recording the meeting also – this is to ensure that nothing can be changed with the miracles of computers! We would advise that if any recordings are made, then these still need to be transcribed and forwarded to the employee for their confirmation – by signing and returning a copy to you – then that way, there should be no come back.
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