Can an Employee Secretly Record a Meeting?
Have you been tempted to record a meeting at work? Or have you come across an employee who has covertly recorded a meeting you had with them? What are the legalities to recording a meeting secretly at work? Here we discuss whether an employee is breaking the law if they secretly record a meeting.
Example case study of covert recording at work
The aspects to be considered when evaluating whether a secret recording breaches the trust and confidence term include:
- The reason for the recording, for example, was their intention to manipulate or entrap the employer? Or were they simply confused and vulnerable and wanted to avoid being misrepresented?
- The liability of the employee: is the employee aware that a recording is not allowed and then lies about it? Or were they unaware of this matter and they were under the impression that you can record a meeting covertly.
- Consider what has been recorded: is it a meeting where these details would typically be kept and shared or one where extremely confidential or personal information is discussed?
- Usually the reason for the covert recording will be to ensure that they can have an accurate version of what was discussed. This is true often in disciplinary, poor performance, grievance and dismissal meetings
How to assess whether a covert recording breaches trust
The aspects to be considered when evaluating whether a secret recording breaches the trust and confidence term include:
- The reason for the recording, for example, was their intention to manipulate or entrap the employer? Or were they simply confused and vulnerable and wanted to avoid being misrepresented?
- The liability of the employee: is the employee aware that a recording is not allowed and then lies about it? Or were they unaware of this matter and they were under the impression that you can record a meeting covertly.
- Consider what has been recorded: is it a meeting where these details would typically be kept and shared or one where extremely confidential or personal information is discussed?
- Usually the reason for the covert recording will be to ensure that they can have an accurate version of what was discussed. This is true often in disciplinary, poor performance, grievance and dismissal meetings
Ensure you include a clause about covert recordings in your Company Policy or Handbook
We have found that many disciplinary procedures do not explicitly mention covert recordings are an example for gross misconduct. It is a good idea to include such a clause if the employer wishes to protect themselves in the future.
Reuben Law are specialists in commercial employment law for businesses. We can help your business with:
- Employee exits
- Settlement agreements
- Contracts of employment
- Staff handbooks
- Directors service agreements
- Payroll Matters
- Disciplinaries & grievances
- Discrimination
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For more information with any of the above or if you have found an employee secretly recording a meeting, please contact Reuben Law on 0161 840 0060.