Hearsay In work, Small talk Canteen

ronan45

Apparently another person on the payroll heard me discussing things about our work collageus in the canteen on a personal basis what is the legal basis for such hearsay in work and disciplinary procedures for comments made in a canteen on a personal basis. And to Add insult to injury apparently my comments were captured and filmed on a smart phone in canteen without my knolwedge :rolleyes:

Tigger

ronan45 wrote: »

Apparently another person on the payroll heard me discussing things about our work collageus in the canteen on a personal basis what is the legal basis for such hearsay in work and disciplinary procedures for comments made in a canteen on a personal basis. And to Add insult to injury apparently my comments were captured and filmed on a smart phone in canteen without my knolwedge :rolleyes:

I'm not a law person but if it's recorded I don't think it's hearsay I think it's a fact
Whether or not you can be punished for what you did the fact seems to be that you did it
The add insult to injury thing confuses me, do you feel you have a right to discuss your workmates in a negative manner in the canteen and not be overheard ?

Sweetemotion

ronan45 wrote: »

Apparently another person on the payroll heard me discussing things about our work collageus in the canteen on a personal basis what is the legal basis for such hearsay in work and disciplinary procedures for comments made in a canteen on a personal basis. And to Add insult to injury apparently my comments were captured and filmed on a smart phone in canteen without my knolwedge :rolleyes:

It's not hearsay if it was your comments captured on camera. :rolleyes:

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Legal advice cannot be given here. You may want to contact a solicitor.

Senna

You work in HR? You should know the consequences and you should know better.

scudzilla

Surely any recordings cannot be admissable unless both parties know they're being recorded?

ronan45

Tigger wrote: »

I'm not a law person but if it's recorded I don't think it's hearsay I think it's a fact
Whether or not you can be punished for what you did the fact seems to be that you did it
The add insult to injury thing confuses me, do you feel you have a right to discuss your workmates in a negative manner in the canteen and not be overheard ?

Maybe fact.... but I never gave my consent to be recorded in work secretly on smart phone, I was talking to another work colleague in confidence....

Tigger

scudzilla wrote: »

Surely any recordings cannot be admissable unless both parties know they're being recorded?

Why ?

Sweetemotion

Tigger wrote: »

I'm not a law person but if it's recorded I don't think it's hearsay I think it's a fact
Whether or not you can be punished for what you did the fact seems to be that you did it
The add insult to injury thing confuses me, do you feel you have a right to discuss your workmates in a negative manner in the canteen and not be overheard ?

And apparently some one over heard it.

ronan45

scudzilla wrote: »

Surely any recordings cannot be admissable unless both parties know they're being recorded?

As my Knowledege of law is ....this is correct

Recorded ILLEGALLY

Senna

So your boss sees the video, asks you out straight did you say "xvz", what are you going to say?

Tigger

ronan45 wrote: »

Maybe fact.... but I never gave my consent to be recorded in work secretly on smart phone, I was talking to another work colleague in confidence....

Ok but the recording will prove that whoever reported you is telling the truth
It's use in a court of law is irrelevant really
What did you say

scudzilla

Tigger wrote: »

Why ?

Say i phoned you up now and recorded the conversation without your knowledge, then i couldn't use that recording, that's why whenever a call is being recorded the person/company doing the recording must say so before conversation starts.
Maybe i'm completely wrong here

endacl

ronan45 wrote: »

Maybe fact.... but I never gave my consent to be recorded in work secretly on smart phone, I was talking to another work colleague in confidence....

You don't discuss confidential matters in confidence in a canteen. If it was recorded, it was recordable. If it was recordable, it wasn't in confidence. If you did this, you need to be pulled up on it.

Sweetemotion

Senna wrote: »

You work in HR? You should know the consequences and you should know better.

Please let this be true.

ronan45

I never agreed to be recorded by a concealed recording device

endacl

scudzilla wrote: »

Say i phoned you up now and recorded the conversation without your knowledge, then i couldn't use that recording, that's why whenever a call is being recorded the person/company doing the recording must say so before conversation starts.
Maybe i'm completely wrong here

Only one party needs to give consent. That can be the party making the call.

Tigger

I think hearsay is one person recounting what a second person witnessed a third person do
Without the recording it's still not hearsay it's someone witnessing something
So if the recording is set aside there is still a witness

Tigger

endacl wrote: »

Only one party needs to give consent. That can be the party making the call.

It was recorded on a phone but was not a phone call it was regular conversation

ronan45

So can this recording be used in Disciplinary Action?

Tigger

ronan45 wrote: »

I never agreed to be recorded by a concealed recording device

What did you say
Why was there a concealed recording device set up how did they know you would say these things

Sweetemotion

scudzilla wrote: »

Maybe i'm completely wrong here

Yep.

endacl

ronan45 wrote: »

So can this recording be used in Disciplinary Action?

What are the company policies?

Canis Lupus

Can't have been a very confidential conversation if a 3rd party was able to record it.

Also what sort of work environment is there if your colleagues are recording you??? Sounds like a great place to be.

endacl

Tigger wrote: »

It was recorded on a phone but was not a phone call it was regular conversation

Responding to Scudzilla's post. Not your query.

ronan45

endacl wrote: »

What are the company policies?

Possibly not a Phone i Was told it was a "recording device"

Sweetemotion

ronan45 wrote: »

So can this recording be used in Disciplinary Action?

Working in HR, do you take statements in Disciplinary action?

ronan45

I assumed it was a smart phone but it was actuallly called a "recording device"

Tigger

ronan45 wrote: »

So can this recording be used in Disciplinary Action?

Even if it can't whatever you said is out there

endacl

ronan45 wrote: »

I assumed it was a smart phone but it was actuallly called a "recording device"

Reading between the lines, it sounds like you may have been given just enough rope, and tied the noose yourself...

ronan45

Sorry Not a smart Phone my apologies ... A Recording Device" what ever that is

endacl

ronan45 wrote: »

Sorry Not a smart Phone my apologies ... A Recording Device" what ever that is

It's a device for recording.

Senna

ronan45 wrote: »

So can this recording be used in Disciplinary Action?

The fact is, the recording will be heard, it won't officially be used but it exists and will have a bearing. As it was overheard by someone else, then the recording only makes that person's account creditable. So no it won't be used, but of course it's the nail in your coffin

Tigger

endacl wrote: »

Responding to Scudzilla's post. Not your query.

Sorry I missed that
It never ceases to amaze me that people still don't know the "only one party of a call needs to consent " rule

Tigger

endacl wrote: »

Reading between the lines, it sounds like you may have been given just enough rope, and tied the noose yourself...

Yeah i feel he was a horse being led to water

ronan45

Thanks for feedback
One last question... If this Supposed Recording didnt exist and we were going on only what this person said they heard me say... what then??? How is it different?
weird thing is i asked three times to be let listen to this recording and they cant come up with it

Sweetemotion

ronan45 wrote: »

Thanks for feedback
One last question... If this Supposed Recording didnt exist and we were going on only what this person said they heard me say... what then??? How is it different?

It does exist. if not your word against theirs but it exists.

Tigger

ronan45 wrote: »

Thanks for feedback
One last question... If this Supposed Recording didnt exist and we were going on only what this person said they heard me say... what then??? How is it different?

It's your word against theirs
But the person that you were talking to would be brought in and asked to give their version of what happened and they would sing like a canary I'm afraid

ronan45

Tigger wrote: »

It's your word against theirs
But the person that you were talking to would be brought in and asked to give their version of what happened and they would sing like a canary I'm afraid

So what your saying is Secret concealed recordings can be used in disciplinary action against employees, that sounds like a set up

ronan45

Tigger wrote: »

It's your word against theirs
But the person that you were talking to would be brought in and asked to give their version of what happened and they would sing like a canary I'm afraid

Ill sing like a canary...the person in question is my best mate !!!! LOL

Sweetemotion

ronan45 wrote: »

So what your saying is Secret concealed recordings can be used in disciplinary action against employees, that sounds like a set up

Sure does

ronan45

Unauthorised third part recording device

Sweetemotion

ronan45 wrote: »

Unauthorised third part recording device

Working in HR you should know better.

If I robbed your house and you had cctv evidence, would that be third party recording?

ronan45

Tigger wrote: »

It's your word against theirs
But the person that you were talking to would be brought in and asked to give their version of what happened and they would sing like a canary I'm afraid

Person in Question is a good mate and has said that it was all just mucking about and small talk not meant to be taken for real

Tigger

ronan45 wrote: »

So what your saying is Secret concealed recordings can be used in disciplinary action against employees, that sounds like a set up

I believe it was a set up. I think you were probably set up
I'd love to know why but in the spirit of helpfulness I'd say go get a scary solicitor. Not one of those laid back ones

backspacer

ronan45 wrote: »

Unauthorised third part recording device

What exactly did you say? The long and the short of it is you got caught out,its just a question of how serious is what you said to your colleague.

ronan45

Sweetemotion wrote: »

Working in HR you should know better.

U saying secretly recording canteen talk is permissable in law and can be used in disciplinary procedures:eek:

Sweetemotion

ronan45 wrote: »

Person in Question is a good mate

:pac:

backspacer

ronan45 wrote: »

U saying secretly recording canteen talk is permissable in law and can be used in disciplinary procedures:eek:

Discussing it in a workplace canteen pretty much voids any expectation of privacy in all fairness.

Tigger

ronan45 wrote: »

Person in Question is a good mate and has said that it was all just mucking about and small talk not meant to be taken for real

In front of you or is that what they told you they said ?
I don't know what was said so I don't know what he context would matter but 15 years ago I was hauled up in front of hr for calling someone who broke an expensive machine three weeks in a row due to incompetence a dope
The line manager told me afterwards that I was right but things have changed and you can't talk like that anymore
As I say that was 15 years ago things are probably much worse now

Tigger

Sweetemotion wrote: »

:pac:

Yeah that's what I said