An employee who covertly recorded her employer’s private discussions about a disciplinary hearing has been allowed to use it as evidence. Banning mobile devices from the room is one option, but
what’s the safer alternative?
Published 09.04.2014
Employees who make covert recordings are often allowed to use them as evidence against their employer in tribunal. However, this practice has just cost four employees nearly £70,000. What did they do
wrong?
Published 30.08.2016
Even when the tribunal makes a finding of unfair dismissal, it can still reduce the compensatory award where the employee’s conduct “justifies” it. But suppose they were dishonest during the
disciplinary hearing - does that count too?
Published 14.05.2012
A disabled employee recently argued that, in order to comply with its duty to make reasonable adjustments, her employer should have granted a career break. What was the Employment Appeal Tribunal’s
view on this?
Published 30.11.2011
An employer has successfully defended a claim for disability discrimination after it produced photographic evidence which suggested the employee involved wasn’t being honest about her condition. What
do you need to know?
Published 02.03.2022
Two Sky Sports presenters recently discussed a female football referee off air; they commented on both her looks and credibility. But even though this was supposedly a private “joke”, their employer
came down hard. Why?
Published 09.02.2011
When an employee ignored early conciliation because she “couldn’t talk to an employer who had treated her so badly”, the Employment Appeal Tribunal listened sympathetically. But what did it say about
her decision?
Published 18.06.2015
In a 2019 case the Employment Appeal Tribunal refused to order the removal of an earlier ruling made by the tribunal from the public register of judgments. Can a tribunal ruling ever be removed from
the register?
Published 24.01.2019
You’ve discovered that an employee, who is the subject of disciplinary action, has covertly recorded the hearing on a mobile phone. Do they have the legal right to do this? And what would a tribunal
make of this type of evidence?
Published 22.09.2010
In a recent case, the employer suspected that an employee was fraudulently claiming pay. To put the matter beyond doubt, they put him under covert surveillance. What did the Employment Appeal
Tribunal say about it?
Published 21.10.2013