Can an employee rely on a secret recording at a disciplinary hearing?

Posted Sep 4, 2019

Yes, held the Employment Appeal Tribunal (EAT) in the case of Phoenix House Ltd v Stockman, a covert recording by an employee during an internal meeting could be admissible in Employment Tribunals depending on the relevance of the recording.

Christine Jamieson, Paralegal in our Employment team, explains the background to this case and warns employers to be aware that covert recordings could be admissible.

Ms Stockman was employed in the finance department at Phoenix House, a charity. Following a restructure in which her post was removed, Ms Stockman applied for and obtained a more junior role.

She complained to her manager that the director had been treating her differently since the restructure and was biased against her. Ms Stockman interrupted a meeting between her manager and the director discussing her complaint demanding to know what was said, and refused to leave.

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