Thinking of recording a meeting at work?
Is it legal to record meetings with colleagues or a manager? There’s no simple answer.
There are several reasons for which you might consider secretly recording your work colleagues or manager. Perhaps you
are being bullied
experiencing prejudice
want a record of the meeting as a vocal reminder
Are secret recordings of meetings legal?
Start by checking your employee handbook. This will give you a good indicator of your company policies on recording meetings.
If you want to record the content of a meeting to transcribe later or to share as a learning tool, then your company may permit it. Remember – you must always get the permission of those attending. If your colleague refuses to accept your request to record the meeting, then you shouldn’t proceed.
Your employee handbook might mention in the disciplinary section the repercussions of recording a meeting without permission. Refusal to comply could result in misconduct or gross misconduct leading to dismissal.
My employer records meetings
Your employer may choose to record meetings but should always be open about their actions and make sure you’re aware of their reasons. These could include –
Board meetings to record actions
Return to work interviews to ensure a supportive return
Appraisals, so both employer and colleague have a record
Disciplinary proceedings to potentially progress to an employment tribunal
Recording in these cases means all parties can give their full attention to the meeting without taking notes. In these situations, it’s helpful to ask all involved to sign that they understand they’re being recorded and the process is compliant with GDPR. Your colleague might agree to one such recording, but you shouldn’t assume you have their approval for future recordings. Always follow the same process for subsequent meetings.
Refer to your employee handbook to understand your employer’s position on recording meetings. They must clearly set out the situations where they will permit the recording of meetings and the processes that must be in place when recording. These processes should include making the employee aware before recording.
Can a recording be used as evidence in court or at a tribunal?
If the recording was in line with company policy and all parties were aware and in agreement, then yes, an Employment Tribunal Hearing will almost certainly allow such recordings to be used as evidence.
Making the recording without consent, in secret, means it’s still possible the Employment Tribunal might permit it. It depends on whether the recording is relevant, whether you attended the meeting and your particular circumstances of the case.
If your employer suspects you’re recording in a meeting, e.g. sees your phone on the table, then they can ask you to switch off your phone, and, if you refuse to comply, they can close the meeting.
Be sure of where you stand. Take legal advice
It’s your decision whether you secretly take a recording of a meeting with colleagues. Your company should have a policy that clearly defines its stance and the repercussions for breaking the rules.
The Employment Tribunal generally doesn’t look favourably on concealed recordings of meetings in the workplace. However, on occasions, employees might feel they have little choice. In these situations, your recording could qualify as admissible evidence.
However, before you go ahead with a secret recording, always be sure of your rights and responsibilities. Take legal advice.
Call the specialist employment lawyer
Magara law is an employment law firm based in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.
Related Posts
