Covert Recordings

A recent case at the Employment Tribunal has ruled that covert recordings made by Claimants to use as evidence will not be admissible.

The judge gave 3 key reasons as to why they did not allow the Claimant to use this evidence, namely;

1.    As the recordings were made covertly and without a witness, they could have been tampered with. The Claimant had not had the recordings independently transcribed and as such their content could not be verified.

2.    The information disclosed about the recordings was insufficient that an opinion as to whether they were relevant to the facts in issue could not be made.

3.    The time and cost involved in listening to such recordings was disproportionate to the facts in issue.

Worth considering for the future, if an employee states they have recordings made covertly they will not be admissible at Tribunal.

Published: 29 Apr 2013


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