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Employee recording of internal meetings: HR guidance and best practices

Learn how to manage employee recordings of internal meetings with clear HR guidance to protect confidentiality, ensure fairness, and maintain compliance.

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By James Green

An employee may wish to make a recording of a work meeting, such as a disciplinary or grievance hearing or a meeting with their line manager, for a number of reasons. Generally, this will be in circumstances where the employee feels that they have been treated unfairly and wants either to prevent such treatment or to obtain evidence of it. The employee may think that a recording will provide evidence of unfairness, for example to demonstrate that a grievance meeting was not a genuine attempt to deal with issues that they had raised. Alternatively, the employee may wish to have a full transcript of the meeting for use at the next stage of an internal process or in future litigation.

Employees do not have the legal right to record an internal meeting. Therefore, if an employee asks to record a meeting, the employer must decide whether or not to permit the request.

Employers may be reluctant to allow recordings. However, rather than automatically refusing all requests, it is advisable for them to ask for the employee’s reasons for wishing to record the meeting. The employee may have a disability that would make it difficult for them to take a written note of the meeting. In such circumstance, the employer would need to consider if allowing the employee to record the meeting would be a reasonable adjustment.

Employers should be aware of the potential for employees to record meetings without their knowledge and should consider how to address this risk.

In this guide, learn about:

  • Refusing a request from an employee to record a meeting
  • Permitting a request from an employee to record a meeting
  • Recordings made by the employer
  • Reasonable adjustments
  • Covert recordings
  • The admissibility of covert recordings in employment tribunal proceedings

Want to see more?

For full access to How to deal with an employee who makes, or requests to make, a recording of a meeting, sign up to a HR and Compliance Centre subscription today.

Latest updates

Updated to include information on Phoenix House Ltd v Stockman, where the EAT considered whether or not the covert recording of a confidential meeting was a breach of the implied term of trust and confidence.

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About the author

James Green
Director, Burges Salmon LLP

James Green is a director in the employment team at Burges Salmon LLP. He has particular experience and expertise in advising clients in the financial services sector.

His specialisms include the employment aspects of corporate and commercial transactions (including outsourcing, joint ventures and acquisitions), corporate restructuring and insolvency, and the legal and practical aspects of TUPE. He also advises clients on workplace change programmes and redundancies, restrictive covenants, day-to-day HR matters including disciplinary and grievance issues and employment tribunal litigation.

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