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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44896
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben. A fellow member of staff has recorded a tele

Customer Question

hi Ben. A fellow member of staff has recorded a tele conversation we had out of work with out my knowledge and then sent it to our employer to be used in a disciplinary against me. is this legal and can the company use it
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello how long have you worked there for?

Customer: replied 1 year ago.
two years
Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

As far as the law stands it is not illegal to secretly record a conversation between two people. For example this could happen often in situations of bullying where the bullied individual make a recording to use as evidence when making a complaint. Obviously the bully would not have given their consent to being recorded and most likely would not have known that he was being recorded. However, such recordings can be used as evidence and they are legal to make.

There wouldn’t be a data protection issue unless personal information about an individual was being recorded. So any normal conversation would not be covered by data protection principles but if specific personal details like address, date of birth, etc were recorded then these could be covered. Even then the recording could be amended to remove that information and it will no longer be infringing.

You are free to make your own counter-complaint against that employee and the employer could hear it but you cannot prevent the employer from using the recording if they wanted to.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.