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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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being taped without consent

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I had a row with a person at work and he switched on his mobile without my seeing this and taped me. He then played this to third parties. Is this illegal? Also the team of colleagues who should be interviewing me to sort the row out listened to the tape. Is this illegal? The person who taped me is bringing an allegation of intimidation against me. 

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Has the employer taken any formal action against you?

The employee is bringing an allegation of intimidation against me. No formal action taken so far.

Ben Jones :

Hello, secret recordings of conversations between individuals are not illegal. Legally, they would need to obtain your consent to distribute the recording to third parties, however preventing that is not easy at all and would involve getting a court injunction, which can be expensive and uncertain.


Whilst you may be facing a complaint by a colleague, you are not prevented from making a complaint against them at the same time, if you believe that they have not acted appropriately or that their complaint was malicious. You can also include the covert recording in your grievance.


As to the colleagues who listened to the tape, in what way are they resolving these issues? Are they a mediation team appointed by the employer?


The employees who listened to the tape were doing so in order to investigate my colleague's allegation.

Ben Jones :

the tape would be part of evidence into the allegations, they can listen to it as part of their investigation


OK - that's my questions answered. Thank you

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best

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