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Tribunal rules covertly recording meetings is not always gross misconduct

By August 5, 2019Uncategorized

The Employment Appeal Tribunal (EAT) has ruled that covertly recording a meeting is not always misconduct, and is acceptable in specific cases, such as when a vulnerable employee is seeking to guard against misrepresentation.

It upheld a ruling that Tatiana Stockman, who worked for charity Phoenix House, was unfairly dismissed after a dispute between her and her manager.

During the course of the initial employment tribunal (ET), it transpired that Stockman had made a covert recording of a meeting and Phoenix House appealed the judgment, arguing that if it had been aware of the covert recording then Stockman would have been dismissed for gross misconduct.

However, the EAT upheld the ET’s ruling, saying the reasons a recording was made needed to be taken into account.