Businesses should take note of an Employment Appeal decision confirming that covert recordings made by an employee of the public and private discussions of the panel at her grievance and disciplinary hearings could be admitted as evidence at a final hearing.
Whether conversations that are covertly recorded are admissible in evidence at any subsequent tribunal hearing will be at the discretion of the tribunal. It is therefore important for employers to keep in mind that, in these days where many employees will have the ability to covertly record proceedings on a mobile phone, care should be taken that all discussions at, and relating to a hearing, are appropriate.
A checklist is available that sets out how a business should respond if an employee raises a grievance, and this checklist highlights the key issues a business should consider when conducting a disciplinary procedure connected with misconduct or poor performance.
0 Comments