The tribunal's decision to dismiss the director's wrongful termination claim has heightened scrutiny around recording workplace conversations, even when such actions might be legally permissible. In response, human resources and legal professionals are debating whether employment contracts should explicitly address recording policies to prevent similar conflicts. Appearing on The Usual Place podcast, Career inFocus founder Angel Kilian and corporate lawyer Jennifer Chih explore the hazards of capturing meeting audio. They clarify the definition of contemporaneous records and outline the proper conditions for documenting contentious workplace events.
Key points
Secretly recording internal office interactions can legally justify employee dismissal un…: Secretly recording internal office interactions can legally justify employee dismissal under current tribunal standards.
Workplace experts are urging employers to establish explicit contract rules regarding rec…: Workplace experts are urging employers to establish explicit contract rules regarding recorded conversations to prevent disputes.
Employees should understand the definition and proper use of contemporaneous records inst…: Employees should understand the definition and proper use of contemporaneous records instead of resorting to covert recordings.
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The Usual Place Podcast
Should you record tense workplace conversations, or is it career suicide?
Should you secretly record your workplace meetings, even if it’s legally allowed?
A recent case, where a PR firm director was fired after secretly recording an internal meeting, has brought into focus the issue of how employees can document such meetings without putting their jobs at risk.
Also, should employment contracts now spell out the rules on recording conversations?
The director brought a wrongful dismissal claim to the Employment Claims Tribunal (ECT) - and it was thrown out.
In this episode of The Usual Place, I ask Angel Kilian, the founder & CEO of Career inFocus, and corporate lawyer Jennifer Chih from Nair, Jen and Tan whether keeping receipts of all workplace conversations is the way to go. We also look at what a “contemporaneous record” is, and when you should write one.
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