There is a risk that recordings may be made and used as evidence in an Employment Tribunal.

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Please find below some practical tips for you to consider -

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• When in any formal meetings, ask employees and companions to switch off their phones (not just put them on silent) and request confirmation that they have done this.

 

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• If you suspect you are being recorded, seek confirmation from the individual.  Use this opportunity to assure the employee that minutes will be made available to them to approve so there is no need to continue recording.

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• When leaving the room, make sure that the employee takes all of their belongings with them, so that you can reflect on the discussion and make your decision in private.

 

• However, also check your office or room after the employee has left to ensure a recording device has not been left behind.

 

• It is always best to hold any private discussion on a grievance or disciplinary hearing in a another room, just to ensure privacy.

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• To help ensure you will not get 'caught out' by any covert recordings, do not make any personal or inappropriate comments about the employee, their representative or their circumstances of the case in question - even in jest. as a joke. It is only in this way that employers can ensure that they will not be “caught out” by covert recordings, however inappropriate or unfair that may seem.