If an employee covertly records a meeting does this amount to misconduct?
The Employment Appeals Tribunal considered this point in Phoenix House v Stockman. An employment tribunal found that Ms Stockman had been unfairly dismissed by her employer, Phoenix House. When considering compensation, the employer argued that any compensation should be reduced because prior to her dismissal, she made a covert recording, which meant she was guilty of misconduct. Therefore, her compensation should be reduced on a ‘just and equitable’ basis to reflect her misconduct.
The EAT concluded that it is good practice for an employee or employer to say if they will be recording a meeting, and it is generally misconduct if they do not, except in the most pressing of circumstances. The EAT did, however, note that employers rarely list covert recording as an example of gross misconduct in disciplinary procedures.
IFAC have amended their documentation, including the contract of employment, to state that covert recording is an example of misconduct.
Here is the list from page 31 of the employee handbook that all your staff should have.
You will be liable to disciplinary action if you are found to have acted in any of the following ways:-
Fully amended employee handbook is included in the document library on BAT.
OR FOR SALE TO NON MEMBERS on ifac.eu/doc-library