What can an employer do about an employee who covertly recorded a grievance meeting without permission?

Employees do not have a right to record grievance hearings and even if they ask permission an employer may refuse to permit a meeting to be recorded. However, it is within the interests of both parties to have a record of matters discussed during a grievance hearing for future reference. The preferable method of recording information is to invite a neutral person to attend the meeting to take handwritten notes, which can then be distributed and agreed by the parties at the end of the meeting.

Covertly recording a grievance hearing is not a statutory reason for dismissal. However, there may be instances where it could constitute a breach of the implied contractual term of mutual trust and