HR tip: Recording disciplinary proceedings

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.

Question:"An employee we disciplined recently insisted on tape-recording everything. We refused. Were we in the right? Can the recording be used in an employment tribunal hearing?"

HR Tip: As you cannot prevent an employee from making written notes it would seem unreasonable to prevent him from making an audio recording. It may inhibit the conversation but at the same time concentrate your mind on following the procedure and saying the right things. A recording made openly certainly may be used in the employment tribunal. However if the device recorded management's private deliberations, these would not be allowed as evidence.

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