Admissibility of covert recordings
G was employed by the bank until her resignation in January 2013. In April 2013, she lodged a claim at the employment tribunal, alleging sexual harassment, sex discrimination and constructive unfair dismissal.
Prior to her resignation, she attended a grievance hearing in November 2012 and a disciplinary hearing in January 2013. She recorded both ‘public’ and ‘private’ conversations connected with those hearings. The recordings were disclosed to the bank in July 2013. The bank objected to the use of the private contents of those recordings (but not to the use of the recordings of the public discussions at the hearings) as evidence in the employment tribunal. The private elements were discussions between members of the panel hearing the grievance, when G was out of the room, primarily during a break in the grievance hearing when the recording ran to 15 minutes. The private discussion to which the bank objected at the disciplinary stage was only some 30 seconds…
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Protecting confidential information is understandably an important issue for most employers.
A member of an LLP is a ‘worker’ within the meaning of the Employment Rights Act 1996 and therefore qualifies for whistleblowing protection.