Disciplinary meetings

A. It is possible. However, admissibility of evidence is decided on a case by case basis, and the tribunal will consider whether the evidence is focused on and relevant to key disputed issues. It would also be important that any such recordings were disclosed to the employer before any hearing, along with a transcript.

In the case of Chairman and Governors of Amwell View School v Dougherty (UKEAT/0243/06), the Employment Appeal Tribunal confirmed the general principle that secret recordings can be admissible as evidence. However, in this particular case, the secret recordings of a disciplinary panel carrying out a private discussion were not admissible due to public policy considerations. 


Had there been any suggestion of discriminatory practice in the discussions, the tribunal may well have reached a different decision. 


If the member was informed that recording disciplinary meetings is prohibited and agreed not to do so, this may reduce the likelihood of any such recordings being admissible.