Covert recordings taken by an employee during a disciplinary or grievance hearing have for some time been a bugbear for employers and a potential ace in the hole for employees.

Many of you can doubtless imagine the scene in such hearings; ‘Doreen from HR’ frantically scribbling down (in her best shorthand) the heated exchanges between a disgruntled employee and perhaps an even more disgruntled manager, both doing their utmost to keep some semblance of professionalism and decorum as the accusations (and ubiquitous denials) fly.