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Secret recording may be gross misconduct

Posted on: July 30th, 2019 by Ginny Hallam

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)!

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