Covert Recording of Disciplinary Hearings

Posted in : How do I handle it NI on 12 April 2016
Employment Team at Tughans
Issues covered:

'I am an employer and recently held a disciplinary hearing with an employee. I suspect they were covertly recording the meeting on their phone. If this is correct and clearly they did this without our consent then presumably such evidence could not be relied on by the employee in later tribunal proceedings?'

Under The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005, Schedule 1 Rule 14(2), the Tribunal is not “bound by any statutory provision or rule of law relating to the admissibility of evidence in proceedings”. Therefore, whether a covert recording of a disciplinary hearing is admissible will turn on the facts of each particular situation.

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 12/04/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Employment Team at Tughans

The main content of this article was provided by Employment Team at Tughans . Contact telephone number is 02890 230230

View all articles by Employment Team at Tughans