On The Record! Does An Employee Have The Right To Record A Disciplinary Or Grievance Meeting?

In a word, no. However, the employee may attempt to make a covert audio recording, which could then feasibly be accepted as evidence at an employment tribunal.

For this reason, we advise allowing, or even better initiating audio recording in disciplinary and grievance meetings. If things are being done properly it shouldn’t be an issue and the employer then can’t be presented at a later date with a secret recording.

A record should be kept of the meeting, which may be in the form of written minutes. Alternatively, you may choose to make an audio record of the meeting. If this is your chosen method, it is important to seek the employee’s consent before the meeting begins. The employee has the right to refuse consent.

You should also note that any such recording will constitute personal information for the purposes of the Data Protection Act and to that end, the employee has the right to request a copy of the recording. We advise that in the event that you use a recording device, that you automatically provide the employee with a copy, as a matter of course.

If you’d like any advice or support on the disciplinary or grievance process, get in touch with us at [email protected] or call on 01386 751740.

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