Are covert recordings admissable?

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Most people carry smartphones with high-quality recording functions, leading to the increased likelihood that such devices are being used by employees to covertly record meetings in the workplace.

The Employment Appeal Tribunal (EAT) in the recent case of Vaughan v London Borough of Lewisham has reaffirmed that, while distasteful, covert recordings are admissible as evidence in an employment tribunal and the way in which they are made does not alter that.

The employee, Ms Vaughan, applied for permission to use 39 hours’ worth of covert recordings that she had made of various meetings between herself and her managers or colleagues. Ms Vaughan argued that the recordings would show that the official notes made by her employers were inaccurate or wrong and that the council had lied in various tribunal documents…

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