recording of bullying on mp3 player

[walkertom]

Thanks,

I've read it quickly as it's all in legal language. It seems to say that the recorded evidence is not admissable, as the device was left running while the board were having a private discussion and it is their private discussion that is being used as evidence against them.

So I find myself agreeing with this outcome. I think what I will do is offer my written transcript of the discussion. In my case I was not trying to spy or have access to information from behind closed doors. I was trying to protect myself while I was vulnerable due to a medical condition and had complete distrust in my managers agenda for a very good reason.

I remember a policeman was sacked for racial abuse which was recorded on a mobile phone by the person receiving the abuse, so I hoped my case would be similar though on grounds of disability discrimination.

All the best...

[NumptyBumpty]

As far as I can remember it can't be used in a criminal case but an Employment Tribunal might accept it. You might get a little slap on the wrist for recording without permission by the judge but he would probably allow it to be heard. Be upfront from the start, you've got nothing to hide.

[rmdriver]

Lol! Thanks for the replies.

I've had another thought and don't know what to do with it. I don't want to moralise about what anyone does, but it has been mentioned by a couple of people I know that this manager smokes a lot of herbal cigarettes. It was pointed out to me with the observation that sometimes she is all smiles and very vague as if she's high. I hadn't noticed this, but I trust the sources highly.

I've no problem with anyone indulging in this sort of thing, unless they are a danger to others as it's not my place to judge.

So I've just kept it under my hat. And that's likely where it will stay as I'm not keen on trading tit-for-tat vitriol. But it might explain irrational mood swings etc.

Pot head managers in the workplace.................shop her. She should know better and has a responsability to all her staff.

[fishtank]

Pot head managers in the workplace.................shop her. She should know better and has a responsability to all her staff.

Not off the back of what a couple of people "mentioned".
We are not as bad as them yet....i hope.

[walkertom]

Yeah, you're right. I won't be mentioning it.

[stokes11eg]

Use of audio recording at ET?

any and all evidence is admittable at an ET if it is relevant to the proceedings.


At the tribunal ask them to explain why you were treated in this manner, playing the original recording if required to clarify the transcript.

im sure that if the boot were on the other foot, they would quite happily use CCTV or audio evidence against you.

hope this little extract helps--person did the same as original poster, and was allowed to use his-;covert' recording; I have taken out most of the details, but in short like the original poster, he used his mobile phone to record his Managers bullying etc,there are many more cases like this too,

[jack straw]

Perhaps you should let your union rep know as he will know far more about the legal aspect.

If the rep is anything like the one at my office, he won't have a bloody clue.

[stokes11eg]

Under the Data Protection Act (DPA) anything recorded for personal use and used for your own personal affairs is exempt under the DPA's Section 36 - Domestic purposes exemption. They are pretty certain this applies here (it wouldn't if it was a meeting between two different companies but here it should be fine) so it's been recorded perfectly legally i.e. you didn't need to tell them you were doing it.

However any use of the information as evidence in an industrial tribunal, etc, would have to be decided by the hearing itself, as they can choose what is appropiate to use as evidence.
Another snippet here.,which I hope the original poster takes on board. Covert taped evidence CAN be submitted to an E/T.He needs to contact the tribunal in the first instance, and ask if it can be used at evidence, and again, over the past 3 years, this form of 'information; has been allowed. The Tribunal will decide if it can be used or not.
Nothing ventured, nothing gained.

[forrestgump]

Nice one buddy I did the same....................The union was a waste of space i'e right up the managers arse 'yes sir would you like a coffee sir or a piece of cake sir' that kind of thing
I had no option but to record our conversation as it was getting out of hand, I sent a copy to high authority best thing i ever did, the dom got a right roasting and went bright red and the rep got his leadership allowance stopped.
The rep soon stopped buying the coffee's in the morning the moment the dom walked in the office, it was like the dom was god and walking on water
Makes me wonder how many other offices are out there where the reps sucking up to management????????? no wonder a lot of us are pulling out of the union

[andy2007]

Don't leave the Union. Just replace the Rep.

[jack straw]

Before getting there I pushed a button on my mp3 player that records audio as I was distrustful of her intentions.

[andy2007]

Before getting there I pushed a button on my mp3 player that records audio as I was distrustful of her intentions.

What's your point?
Are you criticising the use of the MP3 player, or the Manager for not being trustworthy?

[Pat Ostman]

I think it sounded more like "and you just worked out your manager was distrustful'

I, personally speaking, have never met one I could trust with anything