Because of the COVID pandemic in , many employees are now working at home, so video-recording any types of meetings may become an issue - we look at this particular issue below. However, neither an employee, nor an employer, has the right to record a meeting — unless both parties agree to the recording.
It's unlikely that many employers would agree to this as it's unlikely that most employers disciplinary procedures or grievance procedures would expressly allow this. Recording meetings can make all of those taking part feel uncomfortable, and may affect the way the meeting runs — it is much more preferable to have a neutral person present to take notes , which are shared with all participants afterwards.
Obviously, the employee has the right to be accompanied at a disciplinary or grievance hearing by a work colleague or trade union representative — and either the employee or person accompanying them can take notes also. If the employer agrees that the employee's version is accurate, the amendments can be agreed as the record.
If the employer doesn't agree that the employee's version is accurate, it should keep both versions on record. Both versions of the notes can be referred to at any later date, including at tribunal.
If an employee has a physical or mental impairment that makes taking their own notes difficult or impossible then allowing them to take an audio recording of the meeting may be an option, if there is no other reasonable alternative.
With many staff working from home it might be tempting for the employer or employee to record their video meetings. For employers, there is a large risk that video recording any type of meeting with an employee will breach data protection laws much more seriously than solely audio-recording them.
There may be times when it is suitable, but tread very carefully. What can we do to pre-empt any request to record meetings?
It is advisable to make clear in your disciplinary policy that employees are not allowed to record internal meetings including disciplinary and grievance meetings. You should also ask them to confirm at the start of the meeting that they are not recording it. Can we take disciplinary action against an employee if we find out that they have covertly recorded a meeting? Yes, particularly if you have made it clear in your disciplinary policy that no covert recordings should be made of any internal meetings.
Can you as the employer record the meeting? There is nothing to stop you recording the meeting yourself, provided you make clear to the employee that they will be provided with a copy of the recording. If you would like to discuss anything further in relation to disciplinary and grievance policies and procedures, please do not hesitate to contact Greg Burgess for more information. Article posted by. Clarification on damages for data breaches handed down by Supreme Court.
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Should we allow this? This is an unusual situation. If the employee does not consent, a recording should not be made. Interference with this right of privacy can be justified if is an appropriate and necessary means of achieving a legitimate aim. It is highly unlikely that making a covert recording in these circumstances would meet this requirement, as the alternative of keeping a written note of the meeting is always available and will achieve the same purpose.
An employer can only process personal data if one of the legal bases set out in the GDPR applies. It is unlikely that any of the legal bases other than consent will apply as a written note of the meeting can always be made as an alternative. The GDPR also requires employers to inform employees when information about them is being collected. Therefore, if the employee does not consent, the making of the recording and its further use is likely to be unlawful.
If the employee gives their consent, then a recording can legally be made. However, we would not advise going down this road.
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