Audio recording of staff meeting

[Sequin]

Are there any rules or regulations in place to permit or forbid the audio recording of staff meetings without the knowledge of the staff involved?

[twiglet4frog]

I think it is illegal to record anyone on any form of media without them knowing about it, i think u would have to have a sign somewhere saying that the conversation may be recorded for training purposes or something like that

[mystress]

I agree with twiglet,if only 1 person objects then the recording cannot go ahead;unless that person is excluded from the meeting,which would not be very democrtic in itself!

[mystress]

PS.That is why it says when you ring some Call Centres "Calls may be recorded for training purposes"This is so you have the choice and are forewarned.

[Sequin]

But what if nobody knew it was being taped beforehand (apart from the person with the tape recorder) - does anybody have links to any legal opinion whether what was recorded at such a meeting could be used against any of the staff members involved?

[mystress]

Sequin,

If the taping was illegal in the first place,then it would be inadmissable as evidence.

You cannot use illegally obtained evidence against someone.Some MI5/MI6 operations (phone bugging etc) have come up against this.When they tried to use such evidence in court the judge threw it out,because they had no Legal Permission to do it in the first place.Regardless of the usefullness of the incriminating evidence.

This almost constitutes being an "Agent Provocateur" ,that is leading someone into an act or statement that is illegal, purely to try and get evidence of their wrongdoing,because under English Law your act is equally illegal,because you have provoked them into the crime.

I hope this is clear?

[acw]

What mystress said applies both to Courts and Employment Tribunals.  If you have already taped it without asking, you may as well bin the tapes as they can't be used.  But you could inform staff that from now on all staff meetings will be recorded and hope to catch them again.

If someone is trying to use the evidence against you, then don't worry - just watch what you say in future!!!