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What are the tribunal rules for admission of covert recordings?

Recently we have seen an increasing number of cases involving covert recordings and their admissibility in tribunal proceedings, so what does the law say in this area?

The Tribunal Rules give judges a wide discretion when considering evidence. The general understanding is that tribunals should hear all the evidence that is relevant even in instances where an employee has made covert recordings of internal hearings. However, if an employee somehow managed to obtain a covert recording of a closed session, i.e. private conversations between the decision panels making a decision, the recording will likely be inadmissible.

Here are a few simple steps to help you avoid an argument for admission of covert records: 

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Covert Employee Recordings: How admissible are they?

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.

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