Get UK Law Questions Answered by Verified Experts
Hi, do you remember roughly what was said when the conversation occurred?
We went over the incident at work- I did not say anything incriminating, that i had not already put in writing in my complaint. We discussed that her behaviour was unacceptable, they tried to justify it by saying that's how women react!! Totally unacceptable. We said we understood that a working relationship cannot be sustained and agreed for them to stop working at our house.
It's not illegal for them to record your conversation as it was done in a private capacity. Similarly, there is nothing stopping them from sending the recording to your employer. Quite why they have done that is not entirely clear though, especially if you have not said anything incriminating. The investigating team have not acted improperly by using the recording either - if they have been provided with some evidence that may be relevant to the investigation then they can use it as they wish. Issues there would only arise if they had obtained the recording themselves by unlawful means. If this was to get to a tribunal or court, then that's when the use of the recording may be questioned - sometimes covert recordings are rejected due to the way they have been obtained, but not at this stage
ok, the fact is that she is a bully, and I understood that you must have consent to disclose covertly recorded conversation to a third party. Is that not right? Is the employer not a 3rd party in this case? And how do we know how the conversation has been edited? Can we ask to hear it along with our witmesses?
ok, thanks for your help
My pleasure - good luck. Please don't forget to press Accept on exit, many thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).