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Practitioner's Insight: Recording Hearings

Posted on November 1st 2018 by

The question of whether or not an employer or an employee is allowed to record a meeting (such as a disciplinary or capability hearing) is something which we are commonly asked in practice, usually after the event has taken place.

With GDPR at the forefront of people’s minds, employers are treading carefully in relation to this. But often recording a meeting, with consent, can be helpful for both employers and employees as it gives a contemporaneous and non biased, factual account of what was said in a meeting.

From an employee’s perspective, it is tempting to covertly record meetings such as disciplinary hearings. Employers should be mindful that even though these recordings are taken without consent of the parties involved, they can be disclosed as evidence in an Employment Tribunal claim. It is therefore advisable for employers to specifically permit recordings to try and encourage employees to openly record rather than covertly record.

We recommend that if an employer wishes to allow the recording of meetings, they should update their policies and procedures to make clear that this will be done.

If you would like any advice in relation to this, or assistance with updating your policies or procedures please contact Kitsons Employment Team.

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