Recorded Conversation Law

[pussyfoot]

Is it legal to record a conversation without a persons knowledge?

I secretly recorded my kitchen fitter admit the tiling was a mess and he agreed he would re-tile it for me, he is now refusing to do so and is denying that he said he would. He's no idea I recorded him so if I should take things further - maybe to a small claims court could I use the recording as evidence or would I have broken the law.
Thank you.

[Answerprancer]

afaik, it is legal but only can be used as evidence in a court if you tell the person you are recording them.

[Answerprancer]

The best I would suggest is that he might not know this, so ask him again, and if he denies what he said, play the recording to him. With a bit of luck it will take him by surprise and shock him into re-doing the job as agreed.

[Peter Pedant]

yes consent in the UK is one sided
YOU knew and consented

the thing about employers/employees is that the employer is recording the employee and customer and that explains the announcement at beginning of telephone conversations - so one side has to know

erm no I would play it to him
you are gonna have to disclose in a small claims case so you can do it and save a court fee

[ but you knew this anyway - all the viddie of the last few days is without consent - ]


and good luck
unfortunately recording someone doesnt make him into a superskilled artisan who does the jjob you paid him for

[Peter Pedant]

answerprancer is not correct
in Thornton v GMC - the accused junior had recorded all the conversations and they didnt quite link up with his betters and elders statements the doctors made to the GMC

admitted without much discussion

If you recollect the chief whip ( plebby ) recorded the discussions of the police fed with him which didnt quite fit what they said to cameras later

[-Talbot-]

answerprancer is not correct



Agreed.

[Answerprancer]

I am not correct (anyone else?)

[anneasquith]

Not me ap. :-)

[Answerprancer]

Make of this what you will:
"Recordings can be produced, but there are some restrictions on both recordings and therefore transcriptions which come from the Regulation of Investigatory Powers Act and the case law surrounding it. If recordings are being made, then all parties should be made aware that this is happening/could happen, otherwise the recording has to be authorized in advance, which can only be done in limited circumstances by certain bodies. This is why on many company phone systems there is a message at the beginning of the call that advised the call may be recorded".

Jon, Lawyer
Category: UK Law
Satisfied Customers: 41
Experience: Barrister, solicitor, BSc (Hons), MIOSH, MCIEH, FRIPH, MIOL

[-Talbot-]

Make of this what you will:



I haven't read it but then again I don't have to. You are wrong AP.

[Answerprancer]

I never said I was right Mick ...do you not know what the acronym "AFAIK" stands for? Are you here to offer up useful input or just to stir sh i t with me?

[-Talbot-]

Yes I do, you use it often enough.

I'm here to tell the OP'er that PP is correct.

[Peter Pedant]

well contrast it with this from a judge

I dont see any difference between recording a conversation and having someone transcribe it in the room - making a record is the same. If you stop and write everything down - you dont need permission or consent to do so

and no I dont have a reference as it seemed to be consistent with the two cases above. I mean the GMC case the lawyers for each side just said 'oh'.

I think answerprancers lawyer Jon is talking about the police and RIPA
but so what
certainly in a street or a beach you dont run up and down and ask everyone " o yeah that is so priddy - can I viddy you ? "

you just do it

The Mark Duggan viddies - the fella didnt hang out of the 7th floor window and say "hi everybardy I am just recording - is that Ok with y'all? No ? OK I will stop then"

[Answerprancer]

"Yes I do, you use it often enough"
That's because I have the humility to accept that I may be wrong sometimes.
Hey at least I try, rather than just tailing people for the single purpose of having a poke at them.

[Peter Pedant]

the point remember gentlemen of this thread is....

can pussy use her tape or does she have to can it ?

and she can use it

we arent here to wonder if someone is being trailed and flamed
and certainly I dont mean to insult you AP
but pussy has to know if it is go or no-go
its go ( allowable )

[THECORBYLOON]

"the thing about employers/employees is that the employer is recording the employee and customer and that explains the announcement at beginning of telephone conversations - so one side has to know"

If only one side need know, as long as the employee knew the conversation was being recorded that condition would be satisfied so why inform the customer?

[Answerprancer]

It's no problem PP, you seem to have better information than I do on this.
I'm interested in the answers to this for future reference.

[thugulike]

Admissible in evidence in Employment Tribunals.