We are asked frequently – especially within the realms of the commercial investigations we complete against rogue employees – about recording people covertly. We are always keen to encourage employers and employees alike to err on the side of extreme caution around this.

For an employer to do so it would be a misstep that could yield massive negative consequences upon them and lead to employment tribunal action against them.

For an employee to do it could result in them being disciplined/dismissed for gross misconduct IF the matter is attended to and policies around this are in effect within the company.

It is a minefield for both parties to venture down the path of and any type of covert evidence gathering should be done proportionately and with a strong lawful basis for doing so.

The employment appeal tribunal in the case of Phoenix House v Stockman makes for very interesting reading and if you get the chance you should check out the case summary and decision(s) made on this.

Recording meetings covertly – i.e. without the expression permission and/or awareness of the other parties involved in said meeting – is a murky means for gathering evidence. There are likely to be far better, more ethical and certainly more legally robust means of doing so.

Why not call in a professional outfit like Surmount Investigations and see how we can best guide you and work with you in such situations?