It’s rare that recordings of conversations during employment are encouraged. They change the atmosphere, take a long time to transcribe and can be difficult to navigate. With technology making secret recordings by employees more common, a helpful decision for employers has found that covert recordings can amount to gross misconduct.
If you don’t have ‘recording without permission’ listed as gross misconduct in a policy, you’ll need to consider the following before deciding to dismiss.
Did the employee:
- record the conversation to entrap or manipulate you?
- record confidential information?
- know that recording is not allowed?
If the answer is ‘yes’ to any of these, then it’s likely to amount to gross misconduct.
In practice, avoid arguments over whether a secret recording is gross misconduct or not by making sure there’s a policy that says as much (and make sure your people are aware)!
If you’d like to chat through with us in more detail, just click here!