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

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