Conduct for Mobile Phone.

[Ossie From Preston]

One of my mates was in work today with a mobile phone on record two of the managers spotted him taking it out of his shirt pocket with the red light flashing saying "Rec" in red he was brought in the office and told this is against RM policy and a fact finding interview will have to take place and possibly conducted, my mate claims he never knew it was on record and the phone has a mind of its own and its a sensitive phone the minute he touches it internet, camera and other things open.
How can he be conducted for this?

[rubberbond]

One of my mates was in work today with a mobile phone on record two of the managers spotted him taking it out of his shirt pocket with the red light flashing saying "Rec" in red he was brought in the office and told this is against RM policy and a fact finding interview will have to take place and possibly conducted, my mate claims he never knew it was on record and the phone has a mind of its own and its a sensitive phone the minute he touches it internet, camera and other things open.
How can he be conducted for this?

Depends on what he was recording, if anything. Was he pointing it at something in particular?
No one has the right to look at his phone,so,what are they going to prove? It might flash if it was on silent, or a message was coming through, who knows?

[IloveMYredTROLLEY!]

Recording video or audio?

[fishtank]

RM policy is that you can't record on the premisses without permission but there usually has to be evidence that you have actually done it like a Youtube video or FaceBook photos, Even the dumbest managers know you can't progress a conduct case purely on the basis of a red light on a phone and it's hard to imagine that two managers would spot something like that if someone was simply taking it out of their pocket so I suspect someone, possibly your mate isn't being entirely honest.

[Ossie From Preston]

Recording video or audio?

Audio it was voice.

[Postie45]

has he admitted to the fact that device was recording ?

[Ossie From Preston]

has he admitted to the fact that device was recording ?

Yes he has but he said he never knew it was on.

[rubberbond]

has he admitted to the fact that device was recording ?

Yes he has but he said he never knew it was on.

There is the first mistake.. Deny everything.

[IloveMYredTROLLEY!]

Isn't it only video recording that is banned in the RM depots?

Wasn't there a recent employment tribunal where an employee had audio recordings of the disciplinary meetings, that despite objections, the judge said they were admissible?

[Cyclopz]

Isn't it only video recording that is banned in the RM depots?

Wasn't there a recent employment tribunal where an employee had audio recordings of the disciplinary meetings, that despite objections, the judge said they were admissible?

I would really love to know if this is true.
Will have to check it.

[NWpostie]

Deny everything, admit nothing, you don't get prizes for being honest, you would only be giving them enough rope.......

[NWpostie]

Isn't it only video recording that is banned in the RM depots?

Wasn't there a recent employment tribunal where an employee had audio recordings of the disciplinary meetings, that despite objections, the judge said they were admissible?

I would really love to know if this is true.
Will have to check it.

I think you can record a meeting as long as you inform that you are doing so, as long as you say that on tape, it is admissible evidence. I wouldn't proceed a meeting without a recording as we all know on this site how capable DOMs and Linos are at lying, falsifying evidence and documents. you would only be covering your backs.

http://www.acas.org.uk/index.aspx?articleid=4310" onclick="window.open(this.href);return false;

[TrueBlueTerrier]

Isn't it only video recording that is banned in the RM depots?

Wasn't there a recent employment tribunal where an employee had audio recordings of the disciplinary meetings, that despite objections, the judge said they were admissible?

http://www.personneltoday.com/hr/legal- ... -meetings/" onclick="window.open(this.href);return false;

Q If an employee records a meeting covertly, can they use it as evidence at an employment tribunal?

Yes. Employment tribunals take a generous view on what evidence is admissible. The fact that a meeting is recorded in secret does not mean it cannot be used as evidence.

The exception here is that the covert recording of private deliberations (for example, discussions about what the outcome to a disciplinary hearing should be) may not be admissible due to public policy reasons. The case law in this area suggests, however, that even these deliberations may be admissible if the employee involved says that they are the only evidence of alleged discrimination.

[Postie45]

Just goes to show how different offices can be, I cant imagine that if my phone was recording accidentally Id be told anything else than to turn it off. Especially for the 1st time its happened.

[wacko74]

Can't help thinking there's a bit more to this story, I suspect he was already in some form of 'dialogue' with these managers for them to spot his phone was recording?