Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

I recorded my dismissal, is this legal?

11 replies

CrystalAmethyst93 · 30/04/2024 10:58

Hi,
cut a long story short I was aware of a meeting to take place with me and my manager about “my” performance etc. I went in and they said can I record this meeting and I said yes so I hit record on my phone too. It was discuss me and my work performance only. I left as I didn’t like their attitude and he got really angry at me at the end of the recording. Now they are sending me letters (not solicitor ones) there letters to my house saying if I don’t hand over the recording they will take criminal proceedings against me? Because it’s my data that was discussed nothing else can they actually do anything? I’ve already left. Thank you

OP posts:
Bumblebeeinatree · 30/04/2024 11:05

Did you say you were recording also? Did they see you start recording and not complain? I think you are meant to declare if you are recording a conversation.

Seems fair enough you wanted an independent version of what happened. Try citizens advice or your union if there is one.

Sparklfairy · 30/04/2024 11:06

The law is a bit grey on this. Did you say you were recording/ask permission? You don't say you did, but then how did they know you have one, so they must have been aware?

I'd call their bluff and write back saying basically, 'I'll show you mine if you show me yours'. It reads a bit like they want the only copy of the file you have safe in their possession, which is dodgy. So I'd say something along the lines of I will send a copy of my recording on receipt of a copy of your recording, although I'm unclear as to the purpose of your data request (as per GDPR) because the content will be identical...'

Play with them a bit... Wink

PickledPurplePickle · 30/04/2024 11:08

Did you ask for permission to record, or did you just assume it is OK as they were recording?

prh47bridge · 30/04/2024 13:00

Recording a meeting is not a criminal offence. There is no specific legal prohibition on doing so. As long as the recording is for personal use, you don't need to get consent or let others know that you are making the recording. It may, however, be against company policy, in which case it could be a disciplinary offence. But ignore threats of criminal action. It isn't going to happen.

ProfessorSlocombe · 30/04/2024 13:01

Hand a copy over. Job done.

AgreeableDragon · 30/04/2024 13:08

Not a lawyer, but if they were recording and you consented to that, then in effect your recording is just a copy of theirs. Sounds to me as if they have now listened to their copy and have realised it puts them in a bad light.

They want to destroy the evidence!!

I can’t see that you have done anything wrong, and this is not a criminal matter ( keep those messages where they are threatening you with criminal proceedings as that might be deemed as harassment).

If you have a Union, speak to them. If not, talk to Acas.

Bottom line though, what are they trying to achieve? Are they trying to get you out?

Aaron95 · 30/04/2024 13:21

So you secretly recorded a discpilinary meeting and then stormed out midway through because "you didn't like their attitude".

If confidential things, or personal information were discussed then I can understand their concerns.

That said there isn't much they can do about it. I am guessing you are no longer employed there so I would suggest you write back tellling them all copies of the recording have been destroyed.

ProfessorSlocombe · 30/04/2024 13:37

So you secretly recorded a discpilinary meeting and then stormed out midway through because "you didn't like their attitude".

You appear to have read a different OP

If confidential things, or personal information were discussed then I can understand their concerns.

They didn't have any concerns when they were doing the recording. Which speaks volumes.

That said there isn't much they can do about it. I am guessing you are no longer employed there so I would suggest you write back telling them all copies of the recording have been destroyed.

Why ?

EatCrow · 30/04/2024 13:41

ProfessorSlocombe · 30/04/2024 13:01

Hand a copy over. Job done.

This.

What are you going to use your copy of the recording for OP?

StiffyByngsDogBartholomew · 01/05/2024 18:40

Criminal proceedings for what exactly ? I think I'd just say "see you in court then".
did you get the request to recording recorded ? That would be handy as leaves them no room to manoeuvre just because they don't like it

here, however, is some reputable information about covert recording by employees https://jmrsolicitors.com/can-an-employee-secretly-record-a-meeting/

SharpAzurePanda · 01/05/2024 18:46

CrystalAmethyst93 · 30/04/2024 10:58

Hi,
cut a long story short I was aware of a meeting to take place with me and my manager about “my” performance etc. I went in and they said can I record this meeting and I said yes so I hit record on my phone too. It was discuss me and my work performance only. I left as I didn’t like their attitude and he got really angry at me at the end of the recording. Now they are sending me letters (not solicitor ones) there letters to my house saying if I don’t hand over the recording they will take criminal proceedings against me? Because it’s my data that was discussed nothing else can they actually do anything? I’ve already left. Thank you

id say speak to ACAS! They can advise you if you’re legally required to hand it over or not.

I don’t see why they want your recording they’ve already got essentially the same recording surely ?

When did you leave? If it’s within 3 months and you feel you were badly treated don’t be afraid to make a settlement claim against them through ACAS. I did that after I was dismissed from a previous job after a sneak/surprise dismissal meeting. I got 5 months pay.

If nothing else it will make them think twice before they mistreat other staff.

New posts on this thread. Refresh page