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Hello. I've got a CMD coming up very soon in relation to a disability discrimination claim with harassment and victimisation. I know probably most people believe whatever they have been put through is scandalous and they have plenty of good evidence and my case is no exception. My employer has told some big lies in their ET3 and I already have evidence enough to show that very clearly. The internal investigation has been a cover up and so they were never held to account by that and thought they could pull the same stunt when it came to their ET3. In other words, having lied to the internal investigation and got away with it due to managers investigating each other, they have written the same crap in their ET3 and there is a whole heap of evidence against them. I won't go into the details just now. My question relates to covert recordings. I have about 40 hours of recordings both prior to and after I initially submitted my grievance. It's sufficient to show that they have lied in a number of ways. What is the coo with covert recordings? There seems to be a lot of misinformation around. Will the Tribunal accept them with a transcript from a court scribe or is it not worth it if I have lots of other good evidence? Might I win the ET but lose my job anyway on account of the recordings? Of course no matter how good I think my case is (and I have been given advice on liability at great expense from a specialist barrister) I know it ain't over till the fat lady sings and I might lose the case and my job on account of the recordings if I chose to disclose them? I have to make a decision on whether to use them in order to prove certain events or just keep my gob shut and go with the evidence I've got and the knowledge that I'm telling the truth and my employers aren't and there is already heaps of good documentary evidence to show that? Initially I only recorded them so that I could jog my memory in relation to every conversation which occurred over about 6 months. I didn't think they would be admissible but since then I've heard that in some circumstances they are. Question is, is it worth me taking the chance bearing in mind I still have my job and hope to win in any case? I've read SAR El's opinions on this and she clearly knows what she is talking about. Any further advice would be appreciated very much. Need to make decision on this very soon. Thank you for reading.
I know you CAGGERS love info on the relevance and admissibility of covert recordings in ET's (are you all really sneaky?). So with this in mind, I thought I would share this post that landed in my inbox today. Not my summary, all thanks for the content go to a company that is a professional information provider. I have no doubt that google + the case name will yield even more. Where a party to employment tribunal proceedings wishes to rely on covertly made recordings, an application for their admission into evidence will not succeed if unsupported by the recordings themselves and transcripts of them, as without that material an employment tribunal cannot adjudicate on their relevance. However such recordings will on occasion be relevant and ought to be admitted in the interests of justice. An application for their admission should be made as early as practicable, supported by transcripts of the material on which the party wishes to rely as well as the recordings of the material itself. Transcripts produced by the party itself will normally suffice. Where there is a large volume of such recorded material, a focused and selective application might be more likely to succeed. EAT: Vaughan v LB Lewisham Regards to all. Che
I'm going through a tribunal at the moment for disability discrimination and harassment. I am off work due to various health problems. I have this morning found out that my employer's solicitor claims to have video evidence but has so far failed to disclose it. My solicitor has applied for a disclosure order. I know for a fact there is no video evidence from my workplace and in any case, if there was it would support my claim. I feel this evidence has to have been obtained covertly of me at home or shopping as these are the only places I go with the exception of the doctors and the hospital. I have struggled to find useful info about the law regarding employers doing this. Does anyone know about this or have any resources which may be useful?