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.
News from No5 Chambers
Briefings from No5 Chambers
In Lock v British Gas, the European Court of Justice decided that holiday pay under the Working Time Directive has to include commission if salary is made up of commission.
At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second.