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Hello and thank you for your question, which I will be happy to assist you with. You are allowed to take your own notes in a disciplinary hearing. It is a basic right to ensure accuracy and fairness. Whilst a note taker is likely to be present, you should be allowed to take your own notes and challenge the inaccuracy of any of the notes that were made by the note taker. Before the notes of the meeting are finalised you should also be given the opportunity to check them and agree them. That is when you would compare your own notes with them. As to recording the disciplinary, that could be disallowed by a workplace policy. However, there has been case law that suggests even if an employee secretly records a meeting they could be allowed to use the recording as evidence in court
thankyou very much.
i intend to overtly record the meeting, with the chair's consent. if that consent is refused, i may still attempt to record it, but will definitely be taking my own notes today.
An important case in this situation is that of Dogherty v Chairman and Governors of Amwell School. Mrs Dogherty made a claim for unfair dismissal and, in the course of the case, it emerged that she had made a secret recording of both the "open" disciplinary meeting and the "private" appeal meeting. Her contract of employment did not expressly forbid secret recordings of meetings. She was allowed to use the recording of the open disciplinary meeting but not the confidential appeal hearing held behind closed doors
that is excellent! i'll probably have a bunch of follow-up questions after today's hearing, but for now, many thanks!
neither my contract of employment, nor the company's disciplinary code (or whatever they call it!) certainly do not expressly forbid either personal note-taking or recording.
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