Our disciplinary policy includes a penalty of gross misconduct for covertly recording meetings. Is this lawful?Posted in : Seamus Says - Employment Law Discussion on 1 November 2019
We recently updated our disciplinary policy to include, amongst other updates, a penalty of gross misconduct for employees who covertly record meetings. Is this lawful?
Maybe should they should have asked that before they updated their policies, but there you go, Seamus. Is it lawful?
Seamus: Yeah. Well, it's one of those issues that is interesting because there are so many more devices now. There are so many more ways for people to record conversations. And the idea is always ICO advice is that if you're going to record in a meeting, you get the permission. You inform someone that you're intending to do it, and you get their permission to do it.
A key case in relation to this one is the
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