Can employees use secret recordings of investigation meetings as evidence in a tribunal hearing?

Posted in : First Tuesday Q&A ROI on 7 February 2017
Julie Austin
McDowell Purcell
Issues covered:

An issue causing increasing concern for HR practitioners is the practice of employees recording grievance and disciplinary meetings without the employer’s knowledge. While many employers prohibit such practices in their employee handbooks, it is almost impossible to prevent and detect any such recording and employers should be aware of the risk of employees making covert recordings as they may be admissible in an employment tribunal.

There is no general rule on the admissibility of covert recordings in tribunal proceedings in Ireland and it is a matter for a tribunal to decide on a case by case basis whether the recording can be relied upon. If the evidence is relevant and proportionate it

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Back to Q&A's This article is correct at 07/02/2017

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Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email

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