Fix_Justice_crop  Here is what the Employment Tribunal thought of such conduct  

“…… the practice of making secret recordings in this way is, to put it no higher, very distasteful.”  Distasteful yes, but allowed?

The tribunal went on to say ‘whilst the court may recognise that an employees may claim this as a necessary step in order to expose injustice (and perhaps they are sometimes right), the fact that the other party may then rely on this use of these covert recordings as illustrative of the way in which and employees conduct has destroyed any relationship of trust and confidence between the parties’

In other words, the law as now established; covert recordings are not inadmissible simply because the way in which they were taken may be regarded as discreditable: see in particular the judgment of this Tribunal, Mr Recorder Luba QC presiding, in Dogherty v Chairman and Governors of Amwell View School UKEAT/0243/06.

It is interesting to note that in the below case, the employee concerned was asked by their employer if they were recording the meetings – she denied it and when asked by the Judge about the relevance she failed to provide  anything other than generalities !!  (She lost the case but won the argument)!

Case: Vaughan v London Borough of Lewisham and Ors [2013]: [2013] UKEAT 0534_12_0102

Thanks to CaseCheck for bringing this one to my attention

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