Law Queries
Covert recordings
Q. My manager has been making racist comments about me for months, but only does it when there are no witnesses. So I secretly recorded a meeting with him during which he made some remarks that are racially discriminatory. Can I use them as evidence in a claim?
A. There are no strict rules on the admissibility of covert recordings in an employment tribunal and it is for the tribunal to make the decision in each case.
In the case of Punjab National Bank (International) Ltd and others v Gosain UKEAT 0003/14 it was allowed because the evidence was relevant and revealed discriminatory conduct. It is less likely to be permitted if it is too long and unfocussed.
If you do use the recording in a claim, you will need to select those parts that are relevant, and also provide a transcript. You must share these with your employer or their representatives as part of your claim.