Up Close and Personnel — March 2014: admissibility of covert recordings made at disciplinary and grievance hearings

In Punjab National Bank (International) Ltd and Others v Gosain (2014), the Employment Appeal Tribunal (EAT) upheld the decision of the Employment Tribunal that covert recordings made by an employee of private conversations of the panels at her grievance and disciplinary hearings were admissible in evidence as the comments recorded fell well outside the area of legitimate consideration of matters to be considered by the respective panels.

Prior to Ms Gosain’s resignation from the bank in January 2013, she attended both a grievance and a disciplinary hearing and secretly recorded both the ‘public’ and ‘private’ conversations of each panel.

Ms Gosain subsequently brought claims of sexual harassment, sex discrimination and unfair constructive dismissal against the bank and disclosed the covert recordings as part of her evidence. The bank objected to the admissibility of the private discussions recorded…

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