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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A colleague at work secretly recorded a conversation between

Customer Question

A colleague at work secretly recorded a conversation between me and her concerning a work issue to deliberately get me into trouble. The issue was a simple matter to resolve (as far as I was concerned) but she persisted in questioning me relentlessly until it got to the point I reacted by swearing out of complete frustration. My working relationship with this colleague has been extremely difficult (as we work closely together) and similar issues have arisen over the last year due to my colleague's dogmatic attitude, for which I had reported continuously to my manager to try and get it resolved but to no avail. I am now on paid leave and have been since May and have attended a disciplinary meeting with no outcome so far. I have been working in my role for just over 8 years and enjoyed my position greatly and feel that overall I have been treated unfairly. Is it legal for a colleague to do this at all?
Submitted: 2 years ago.
Category: UK Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. what were you disciplined for exactly?
Customer: replied 2 years ago.
I was disciplined for swearing at my colleague at work that she caught on recording - after she had relentlessly provoked me over a minor matter.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 2 years ago.
As I said, this matter had been going on since last June, for which I had reported my concerns repeatedly to my manager to no avail, as I felt I was being underminded and bullied by this woman, who had been asked to job share my role.
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. It is not actually unlawful to secretly record conversations in the workplace and the issues would that would usually be around using such recordings as evidence, like in court or tribunal. However that is not an issue here so the actual act of making the recording would not be unlawful.
There could be a specific workplace policy prohibiting recordings so if that was the case the employee would be in breach of that and the employer should consider not using it as evidence and potentially even disciplining them as a result.
The important factor here is that you appear to have been provoked which is why you did what you did. The employer should take this into consideration when deciding on the disciplinary outcome. At worst I would say is that you would be issued with a warning. Once the outcome is known you can also appeal it if necessary.
Also you can raise your own grievance against this person if you wish to make a complaint against them over this or any other conduct.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years 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.