Individual parties may have strong opinions in being able to prove what was said and how this was portrayed, however a recording device allows for the conversation to be stored and shown fairly.
There is nothing that can stop an employer and employee agreeing to record an internal meeting, such as a grievance or disciplinary, in fact it is advisable as it allows both parties to have an accurate record without having to laboriously write up the notes.
In certain circumstances employers should be aware they need to make reasonable adjustments where disability is a factor, such as an employee who is unable to take written notes.
As the employer, if you decide to allow an employee to record a conversation, it is ideal for you to take a copy immediately after so that the recording cannot be tampered with. In some occasions there is a risk that the employee may post it online. To try to mitigate this, it is normally best to use your own equipment and then store it safely, whilst giving access to a minimal amount of people.
Covert recordings are usually taken on the basis that evidence is needed to be captured in an electronic form, without the other party knowing. Some disciplinary procedures regulate the use of electronic recording devices in meetings or hearings, so that the recordings cannot be tampered with.
For Employers
As an employer you must have a very good reason for recording your employees without your employer knowing. Only in certain cases, such as where criminal activity is suspected, would justify recording a meeting without consent. Consider by secretly recording an individual, the trust between you and the employee may be broken, so in most cases it is better to ask them for their consent.
For Employees
If, as an employee, you secretly record a conversation which is relevant to a case, it is most likely that this evidence will be used. In discrimination cases if the recording provides just the act of discrimination occurring, then a tribunal may allow it. Make sure that you follow all guidelines set during a meeting, such as company policies that prohibit an employee from covertly recording a meeting.
