Admissibility of covert tape recordings in employment tribunal cases
By Russell Holland
This article examines the Employment Appeal Tribunal’s (EAT’s) ruling in Punjab National Bank v Gosain UKEAT/0003/14/SM, the latest in a series of rulings that consider the admissibility of covert tape recordings in employment tribunal proceedings.
In Punjab National Bank v Gosain UKEAT/0003/14/SM, the EAT has given a judgment about the admissibility of covert recordings. The claimant was employed by the respondent bank from May 2011 until she resigned claiming constructive dismissal, sexual harassment and sex discrimination in January 2013. At a grievance meeting in November 2012 and a disciplinary hearing in January 2013, the claimant had recorded both private and public conversations without the knowledge or consent of the respondent. These records were disclosed in July 2013. The respondent objected to these recordings being admissible but at a pre-hearing review the tribunal judge found that they were admissible.
The tribunal judge considered three authorities: Amwell View School Governors v Dogherty  ICR 125 (Mr Recorder Luba QC and members); Vaughan v London Borough of Lewisham & Ors  UKEAT/0534/12 (Underhill J, as he then was, and members); and Williamson v Chief Constable of Greater Manchester Police UKEAT/0346/09, 9 March 2010 (HHJ Birtles sitting alone)…
Click on the link below to read the rest of the No5 Chambers briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from No5 Chambers
News from The Lawyer
Briefings from No5 Chambers
A legal battle challenging Government legislation on data surveillance took another twist last week as the Court of Appeal referred the case back to the ECJ with questions of its own.
More applications for entry clearance and appeals against refusals should now succeed