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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38684
Experience:  Specialist in UK Law with expertise in UK Employment Law
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Hi I had an abusive colleague at work, who threatened me,

Resolved Question:

Hi

I had an abusive colleague at work, who threatened me, and I reported to management. While the matter was under investigation, her husband and son (who were carrying out some renovations for us at home) came to my house to discuss the incident and say that they would be continuing the work. During this meeting we had friends present as witnesses.
The said parties, secretly recorded our conversation without taking my consent, and submitted an audio CD (which may be edited for all I know) to the employers who are investigating the incident at work.
I want to know:
a) Was it illegal to record the conversation without my consent?
b) Was it illegal to hand it over to the investigating team without my consent?
c) Was it wrong of the investigating team to use the audio recording?
d) What action can I take if any of these is illegal?
Submitted: 4 years ago.
Category: UK Law
Expert:  Ben Jones replied 4 years ago.
Chat Conversation Started
Ben Jones :

Hi, do you remember roughly what was said when the conversation occurred?

Customer:

Hi

Customer:

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.

Ben Jones :

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

Customer:

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?

Customer:

ok, thanks for your help

Ben Jones :

My pleasure - good luck. Please don't forget to press Accept on exit, many thanks

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38684
Experience: Specialist in UK Law with expertise in UK Employment Law
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