recording bullying at work

aureolka

hi everyone,
Was just wondering if its illegal to voice record your manager to prove that he's bulling another employee?? Issue was raised many time to his manager but every time he was denying everything and staff was to blame. He was telling personal insults about an employee to another staff member so that person simply recorded it all on the mobile phone - he didn't realize this was recorded. There was no other way of proving that he's bulling his own employees... After checking the store handbook it doesnt say anything about the phone voice recordings - there is a section about the CCTV but nothing about your personal recording devices.

conorh91

There is nothing illegal about recording conversations for personal, household, or recreational use, including those conversations that take place in the workplace.

There's not necessarily anything illegal about personal insults and gibes at the water cooler either, though.

If I say "Joe Bloggs wears women's clothes and is having an affair with the Intern", that's obviously a serious legal issue for which professional advice must be sought away from an internet forum.

But if i say "Joe Bloggs, what an ignoramus and a slob; he looks like a fat potato on legs", well that's just a personal insult and is not really actionable in any legal way, but is simply likely to be frowned upon by management.

Sharing a personal recording with management may be in breach of the DPAs, and it may breach the constitutional right to privacy of the person who was unwittingly a party to a recording. It is very likely to be frowned upon by management, to know that someone is using a personal recording device in the workplace.

But this may have no application to your particular case, and it would be foolish to seek or purport to give legal advice on an internet forum.

aureolka

well, the stuff he said about the person were damaging the person's reputation and it wasn't in a funny way - he was dead serious. And a every time he says thing about this employee he says that if he/she repeats it to the person involved he will get him/her sacked and he will deny everything. So the case is pretty serious. This was reported to the HR department and they wanted to hear the recording. Have no idea what's gonna happen next as the case has just being reported. It's a clearly case of bulling because this isn't the first time he did something like that to this person who is out of work due to stress now.

Victor

As there is both bullying and the recording issue, getting proper legal advice would be appropriate, because you are going to have one very annoyed manager.

Steve

Just a thought.. In a hypothetical situation where things turned nasty, would such a recording be admissible for consideration in court - or even in EAT?

Lauren3142

They would do everything in court to dispute the recording evidence and you and the person being bullied might end up worse off !! Dont do it your career could be on the line here , maybe try get proof a different way one that they cant dispute .

hullaballoo

Steve wrote: »

Just a thought.. In a hypothetical situation where things turned nasty, would such a recording be admissible for consideration in court - or even in EAT?

People have all manner of views on the admissibility of recorded materials into a tribunal of any kind (including a court). It will be handled in accordance with the rules regarding evidence generally.

In my view, it would generally be admissibly unless there are substantial grounds to challenge its admissibility. I've yet to see anything to persuade me otherwise. (There are certain situations in which the recorded materials may be generally inadmissible, based on certain constitutional rights but those rights are fettered.)

Edit: I just want to add that in my view, recorded materials ought not to be subject to rules that are any different to other documentary evidence and the test for admissibility of recorded evidence is the same as the test for admissibility of other documentary evidence.

thisNthat

Deck the F***er

Esel

How would a transcript fare as regards admissability, out of interest?