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Hi A friend of mine was recently dismissed and verbally

Hi A friend of mine was...
Hi

A friend of mine was recently dismissed and verbally promised 4 weeks pay. In a follow up email from another person she was told it was 2 weeks. When she asked for clarity she was accussed of lying and trying to get more money out of the employer and as a result would get nothing!

She was advised the dismissal meeting had been recorded.

Is the recording legal as it was undertaken without her consent and is she entitled to a copy of that recording.

There are many more issues as well but one at a time!

Thanks

Graham
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Answered in 31 minutes by:
1/8/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,077
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know who made the recording and how is it going to be used?

Customer:

Russell one of the employers alleged he made a recording and suggested it would be used to prove he did not promise 4 weeks pay. Attached is the email albeit out of context without the previous correspondence...

Customer:

Dear Julia,


 


Reading your pathetic email concludes and justifies my decision even more! Your scheming behaviour shocks me!


 


You seem to be oblivious of the fact that your work at Drewitts was extremely sloppy and your intentions working with us were extremely devious!


 


I made it very clear to you during your dismissal, that your colleges were going to collectively resign if you continued working with us.


 


On another note I never promised an extra months salary to you, I made it very clear that due to the circumstances we were more than generous to offer you a fortnights extra pay. I have recorded our meeting together incase you need to refresh your memory! I find your attitude rude and very impolite!


 


My only regret was ever hiring you.


 


Due to your inconsiderate email demanding more money, I will speak to Triangle and Duncan to cancel the last payment of which we had talked about.


 


Regards


Russell Shakeshaft

Ben Jones :

The rights of the employee in relation to such recordings and the legality of it would largely depend on the contents and purpose of the meeting.


 


Generally, if personal details have been discussed about someone the contents of the meeting and any recording of it would amount to personal data under the Data Protection Act and the employer should have obtained the person's consent. However, a breach of the DPA at this stage is unlikely to be pursued by any regulatory body so even if your friend challenges the legality of the recording no one would really be interested in doing anything about it.


 


The main issue comes if this was to be used as evidence in a court of law. There is a fundamental principle of law that a claimant should not come to court with ‘dirty hands’ and if the recording was made illegally then its use as evidence may be restricted. But then it is your friend that would be the claimant and if there is evidence to prove her claim is flawed then it is likely to be allowed. So it really matters whether she is thinking of taking this any further, such as to court as that is where the real issues will surface.

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,077
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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