I had a meeting with my boss, and I digitally recorded the meeting without his permission. During the meeting he made comments that are in direct contravention of the Disability Discrimination Act. I am disabled and found his comments quite offensive.

I have raised this as a grievance issue with his line manager, I have told him that I made a recording (in case he tries to deny the comments), and gave a transcript of part of the meeting to his boss. He has been suspended pending investigation. I have been told by my union rep that he will not be dismissed.

Now the company is making a big issue about me recording the meeting without permission. There is no company policy on recording calls (bet there soon will be though!).

Have I breached any law? Can the company make an issue out of the recording without there being a company ploicy on it?

Hello there and well done for recording. I don't know of any law on this, but I do know that it's often mentioned on the forum and that an Employment Tribunal will accept a transcript in evidence. I think I'm right about that anyway, hope someone else will comment.

If you need further advice apart from us caggers, don't forget the EHRC [equality and human rights people].

My best, HB

I had a meeting with my boss, and I digitally recorded the meeting without his permission. During the meeting he made comments that are in direct contravention of the Disability Discrimination Act. I am disabled and found his comments quite offensive.

 

I have raised this as a grievance issue with his line manager, I have told him that I made a recording (in case he tries to deny the comments), and gave a transcript of part of the meeting to his boss. He has been suspended pending investigation. I have been told by my union rep that he will not be dismissed.

 

Now the company is making a big issue about me recording the meeting without permission. There is no company policy on recording calls (bet there soon will be though!).

 

Have I breached any law? Can the company make an issue out of the recording without there being a company ploicy on it?

You did nothing wrong (& don't let anyone say you did) the media does it all the time However before you can use it you MUST allow them the opportunity to respond. Then again if the recording reveals illegal or unlawful conduct they haven't got a hope in hell of stopping you disclosing it AND if 'illegal' you have a requirement to report it

 

Now the company is making a big issue about me recording the meeting without permission.

 

Have I breached any law? Can the company make an issue out of the recording without there being a company ploicy on it?

Hi got no money........ Have a look at section 55 of the DDA 1995 http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_8#pt7-l1g55 I would say that if the company "made an issue" in regard to you for raising a grievance against this person then they would then be victimising you. A grievance is the first stage in a process that has the potential to end up in the Employment Tribunal. So if they start investigating you then I would put in a grievance that they have victimised you in your raising the issue against your manager.

Have you legal protection insurance for employment disputes, if not get one quickly before this escalates. The indication from your union does not bode well I fear. Unions are notorious for not helping in these circumstances and themselves are guilty of discrimination against their own policies.

What kind of organisation are you in? Government department, PLC, Private company?

What exactly is your disability and the nature of what was said?

thanks for all your comments. In answer to your questions papasmurf- I work for a large well known charity! I use a wheelchair. The comment made was 'every time I see you in your wheelchair i feel like pushing it over'. There is a fair bit of history between me and my boss. A few months ago I reported him for swearing in front of a group of children.

What an awful thing to say. he sounds like a bully.

Just because they are a charity does not mean they will not employ every trick in the book against you. Hope it works out for you.

Hi got no money,

I recorded a disciplinary meeting with my former employer last year. I placed the recorder on the table so they knew I was doing it as well. They kicked up all kinds of stink about it afterwards, noted in the minutes that I had recorded the meeting "without permission". When I asked where there was any where legally or in the staff handbook that says I couldn't record it, of course they couldn't come up with anything.

Don't let them tell you its wrong. Its not. And if they had nothing to hide they wouldn't be worried about it in the first place.

If your boss were not to be dismissed then you would have ample grounds to refuse to work with him in future on the grounds of proven threatening behaviour. To force you to do so could result in a very uncomfortable session in front of an Employment Tribunal.