U.K. Employment Law on use of Tape Recorders in a Hearing

Written by holly cameron
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U.K. Employment Law on use of Tape Recorders in a Hearing
It is good practice to ensure that notes are taken of any hearing, but all parties must agree to a tape recording. (tapes used to record media image by Vasiliy Koval from Fotolia.com)

Employees or employers often wish to record the details of a disciplinary hearing because this can become evidence in a subsequent court case. In the United Kingdom, laws exist that regulate the circumstances in which hearings can be recorded.

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Human Rights Law

Under Article 8 of the European Convention on Human Rights, everyone has the right to respect for his private and family life, his home and his correspondence. This means that individuals have the right to have private conversations without being recorded.

Consent

If both parties agree, it is legal to record a disciplinary hearing. The recording can be used as evidence in any future court proceedings.

Considerations

In the case of Amwell View School vs. Dogherty, an employee secretly taped private discussions by her employers without their knowledge. The Employment Appeal Tribunal decided that the recording of the private discussions could not be allowed as evidence in the case.

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