Posted: Monday 11 March 2013
In Vaughan v London Borough of Lewisham the Employment Appeal Tribunal (EAT) debunked another employment law myth - that recordings which are made covertly cannot be used in evidence before an Employment Tribunal.
As put by Mr Justice Underhill:-
"The law is now established that covert recordings are not inadmissible simply because the way in which they were taken may be regarded as discreditable."
The former President of the EAT recognised that the making of secret recording is very distasteful, but in some cases may be felt by Claimants to be a necessary step to expose injustice.
Given the number of people carrying phones with a recording function employers should ensure that good practice is followed at all times so that any covert recording that might be made will not show them in a bad light.