Can covert recordings be relied on in employment tribunal proceedings?
By Nick Pritchett
The Employment Appeal Tribunal (EAT) has recently held that secret recordings of private deliberations made in the course of grievance and disciplinary proceedings can be used as evidence in a tribunal. We consider what this means for employers.
Rule 41 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 states that tribunals are not bound by any rule of law relating to what can be used in evidence. This gives judges a wide discretion in terms of what to allow, although case law recommends that they balance the need for claims to be tried on all available and relevant evidence with the fact that the discussions of those put in a position of adjudication should be protected.
Tribunals examining this issue have considered it ‘somewhat distasteful when a party seeks to introduce in legal proceedings evidence obtained otherwise than openly or fairly’. There is a recognition that private deliberations can be an essential part of reaching a fair decision by allowing members of a panel to ‘stress test’ employees’ arguments, for example by playing devil’s advocate…
Click on the link below to read the rest of the Shoosmiths 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 Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Ambiguities in SME law must be eliminated
So how will deals work in the future?
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…