If an employee asks to audio record a disciplinary hearing should we let them do so?

Posted in : First Tuesday Q&A ROI on 4 October 2016
Zelda Cunningham
Arthur Cox
Issues covered:

The Company’s Disciplinary Procedure should be consulted to establish whether it contains any express provisions around the recording of disciplinary hearings.  Where the Disciplinary Procedure is silent in this regard, the employer can refuse to consent to the recording of the hearing.  Ultimately, if the employer consents to the audio recording of a disciplinary hearing, there is no legal issue preventing an employee from recording it. 

Where the employee concerned suffers from a physical or mental impairment which prevents him or her from taking a note of the meeting, the employer may consider if allowing such an employee to record the meeting would negate any disadvantage

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Back to Q&A's This article is correct at 04/10/2016

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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