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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48162
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Ive had a dispute at work with a member of staff. During

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Hi I've had a dispute at work with a member of staff. During said dispute he began secretly recording the conversation, and has now given the recording to a 3rd party, despise the fact it is completely out of context with what happened. Is it legal for the 3rd party to use this evidence against me despite being unaware of being recorded?
Thanks XXXXX

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

For now please let me know if you are his supervisor?

Customer:

No, just a Co worker

Ben Jones :

Who is the third party?

Customer:

A manager, who is considering using it as evidence in a disciplinary against me

Ben Jones :

It is not illegal to record private conversations between two people, as in this case. However, it may become an issue if the recording is then disclosed to a third party without the consent of the recorded parties. Saying that, it is not a specific breach of any law and it is more of a common law principles, which has been established through case law over the years. You therefore cannot point to a specific statute or regulation which has been breached if that was to happen. It follows that whilst this can be challenged as an act that is contrary to common law, it would not be easy to pursue it and do anything about it. In order to challenge this you would need to go to court and seek an injunction to stop the use of this recording if your consent has not been obtained. There is nothing stopping the employer from using this as evidence unless there was a court injunction preventing them from doing so.

Customer:

So there's nothing

Customer:

So there's nothing I can do about the fact I was covertly recorded, and the recording has been taken out of context with the rest of the argument?

Ben Jones :

not directly, as mentioned covert recordings of private conversations are not illegal. Apart from going to court to stop the use of the recording all you can do is defend the allegations via the official channels, such as a disciplinary if it gets that far. You can raise a grievance against the employee and it would then be for the employer to investigate this and decide if there are any grounds to take action against them

Customer:

Ok, thanks for the information.

Ben Jones :

My pleasure, all the best

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