Secret Recordings

You can use secret recordings as evidence in the Employment Tribunal. Case law shows that Employment tribunals take a generous view on what evidence is admissible. The fact that a meeting is recorded in secret does not mean it cannot be used as evidence.

Exceptions are made for recordings of private conversations which might not be admissible for public policy reasons. However, these conversations may be admissible if they are evidence of discrimination.

The Employment Appeal Tribunal (EAT) recently considered the issue of covert recordings in Phoenix House Ltd v. Stockman. The EAT had to decide whether an employee’s covert recording breached the implied term of mutual trust and confidence.  The Judge