Is This Legal??

[Misterzeus]

Good afternoon all, Mrs Z here

 

Mr Z is handing in his resignation tomorrow (long story as to why but his emploment has become untenable due to a bullying DM)

 

Can Mr Z use a recording device to record any comments that take place after the resignation letter has been read? The letter contains allegations that will likely enrage the psycho and he is likely to say things that he'd rather no one else heard if you get my meaning!

 

Any advice/opinions welcomed, thank you

 

Regards

 

Mrs Z

[bazak1]

Hi,

i have googled this and got different views on the legality of this. I'm not totally sure because it depends what use the tape will be and who is going to listen to it. ie: if he did it, it could not be used in a court of law. If it is just for your own benefit, then i wouldn't imagine it would be a problem. If he intends to use it at a hearing or grievance procedure, then in his own interests, if he does record his boss, is declare that he has the tape so at least they are forewarned. They don't normally like that kind of behaviour, but it isnt illegal as far as i know.

Instead, your husband could arrange for another member of staff to go in with him, which he is legally entitled to do, and therefore you have a witness, which is virtually as good as a tape.

 

Good luck

 

Baz

Edited March 10, 2009 by bazak1

[patdavies]

Hi,

i have googled this and got different views on the legality of this. I'm not totally sure because it depends what use the tape will be and who is going to listen to it. ie: if he did it, it could not be used in a court of law. If it is just for your own benefit, then i wouldn't imagine it would be a problem.

Instead, your husband could arrange for another member of staff to go in with him, which he is legally entitled to do, and therefore you have a witness, which is virtually as good as a tape.

 

Sorry, no.

 

If he were to record the conversation without informing the manager, then its admissibility to a Court or ET would be a matter for decision by the Court/ET. If he were to inform the manager concerned, then the tape may be used as he likes.

 

As this is not a disciplinary matter, there is no entitlement in law to be accompanied by a work colleague or union rep. The manager can refuse to have them present.

[bazak1]

Hi pat.

i stand corrected. What i was trying to say was

that if the o'p's husband reasonably believes that things could and most likely will get out of hand including using profanity etc, could he not request that a friend is present. Agreed that in certain circumstances the employer can refuse, and is certainly entitled to, it wouldn;t hurt for the chap to ask. As for the tape, as i said, if he forwarned them then at least they would be aware.

Edited March 10, 2009 by bazak1

[Misterzeus]

Thanks for your replies guys

 

As it happens Mr Z had decided not to take a recording device in anyway!

 

The DM was eerily calm, possibly pondering over the words used in the resignation letter and the possibility of being taken to an Employment Tribunal!!

 

The DM has been (again) eerily "nice" to Mr Z since, complete transformation of his character. He's also admitted that Mr Z was an excellent Manager and would write him an exemplary reference, work that out!!

 

Thanks again

 

Mrs Z

[bazak1]

Perhaps it's dawned on him that he's about to lose a good worker, and now he's reflecting.

[Muzski]

Thanks for your replies guys

 

As it happens Mr Z had decided not to take a recording device in anyway!

 

The DM was eerily calm, possibly pondering over the words used in the resignation letter and the possibility of being taken to an Employment Tribunal!!

 

The DM has been (again) eerily "nice" to Mr Z since, complete transformation of his character. He's also admitted that Mr Z was an excellent Manager and would write him an exemplary reference, work that out!!

 

Thanks again

 

Mrs Z

 

Hi Mrs Z,

 

Is Mr Z working his notice?

 

If so, is he planning to claim constructive dismissal? if he is he should seek legal advice over whether he should remain in a work place that is intolerable. A friend recently had to fight against her own lawyer as she tried to work her notice. In a constructive dismissal claim remaining to work your notice, although honourable, can actually hamper your case. As I mentioned please seek legal advice if this is the case and remember any insurance policy where you have legal cover more often than not covers you for employment issues.

 

If none of the above is relevant please ignore and wish Mr Z all the best in his future and I hope he finds somewhere more enjoyable to work.

 

Kind regards

Murray