Can I use Tape Recordings in an ET?

[ABCols]

Hi there,

I recently left a job due to being blackmailed by my employer. I was sent a letter inviting me to an attendence interview after I was signed off work due to an RTA, this was the first attendence interview I had been inviteed to. I decided to record the interview as I have been in interviews before with my employer and they were uncomfortable and offensive.

I have it on tape my employer stating that if I didn't resign any future references would be written in a negative way but if I did resign he would give me a glowing report and make sure I got the job. I was told that he was going to follow the 'process' where I would be dismissed if I didn't resign.

He also admits a breach of Health and Safety by saying he didn't have time for me to do a driving assessment which everyone in the company must do.

I raised a grievence and my employer says they are not going to use the evidence as he did not know it was being recorded even though it clearly shows him blackmailing me.

I was wondering if this evidence could be used if the case goes to an employment Tribunal?

 

Any replies would be greatfully recieved

[Planner]

Yes you can. You will need to get it typed-up into a proper transcript.

[madari]

DO NOT reveal to anyone that you have a recording but by all means use it as written,recorded transcripts of interview.

 

Google Aziz -v- Trinity street taxis. 1988.

 

Good luck

[ABCols]

Thanks

[CaptainMannering]

Thanks

 

Not so easy I'm afraid. I too recorded a disciplinary hearing albeit I recorded the hearing and adjournments. The ET allowed usage of the recording but not the recording or transcript of the disciplinary panels private deliberations, that said if all the conversations were with you present you shouldn't have an issue!!

 

The respondent is fine with me using the recording/transcript but has had an order granted for the "private discussions when I wasn't present". if you knew the contents youd know why they wanted it not making public!!' the way I'm approaching my case is how can you prove when I was present?

[CaptainMannering]

DO NOT reveal to anyone that you have a recording but by all means use it as written,recorded transcripts of interview.

 

Google Aziz -v- Trinity street taxis. 1988.

 

Good luck

 

Maradi

 

Can you provide a link to this case as I can't find it and would like to see if it supports my case....

[madari]

Aziz v trinity street taxis ltd [1988] ICR 534 -court of appeal.

 

full judgement on BAILII website

[ABCols]

I have already transcripted the recording and my union rep gave it to the individual that was carrying out the meeting so my manager already knows about it. My union rep even says that it is admissable evidence and the person carrying out the interview said that it is unlikely to go far seeing as it is all the evidence I have. I was told that he is just going to be told not to do it again even though on the recording he admits doing it to other employees!

All I want is my job back or another within the company along with my accured holiday entitlement that I never recieved but the chances are nil by the looks of it. I work for a major company and this could really give them bad publicity but they don't seem that bothered about it.

Should I just go to an ET and see what the outcome will be?

[transient]

What was the hearing for? I assume a RTA in a company vehicle? van, car? forklift etc etc? Can you clarify?

 

Was this on company property or public road?

Anyone injured?

 

It would help if you give the circs leading up to this.

 

When you say you left the company, was this you resigned because of what was said to you by the manager? Were you dismissed by this manager who was following his "process"?

 

Really need some more information here

[ABCols]

I was signed off by the doctor following an RTA in a work van not far from the premises. No one was injured and I bashed another company van.

The meeting that was held was an attendence meeting after being signed off where he said that if I did not resign he would follow the process where I would be sacked and he would give bad references to future employers. If I did resign he would make sure I got any job that I applied for. He said that he would put the 'process' on hold for 24 hours and that he expected my letter of resignation in that time. I didn't get back to him then I recieved a letter to a meeting where I would get dismissed the following day so I just resigned so that I wouldn't get the bad references.

[ABCols]

The recording is with me present as we are talking back and forth.

[badam]

Hi There

Go to the tribunal, your employer's solicitor will be ordered to listen to the tape in case there was any detriment. from what I can see, your employer will try to settle the case

good luck

[CaptainMannering]

I suppose it depends on the content of the recording and potentially how damaging it could be to their reputation.

 

The media can sit in on any ET hearing as its public, and any details divulged during the hearing can be passed to the media. Obviously if they are worried about the content and you sign a CA that would prevent you from divulging any of the details including the recording to anyone!!

[CaptainMannering]

Hi

 

Was there any development with this case with your employer?

 

Thanks

[ABCols]

Hi there.

I got a reply to my grievence and my employer has not upheld it and stated that I put the grievence in maliciously. Being blackmailed was the reason.

They didn't even take into consideration my recording/transcript as the manager that interviewed me said it was not admissable even though it proves all of my points in the grievence.

I've decided to raise an appeal against this decision but I know it will be rejected then off to a tribunal I suppose.

[CaptainMannering]

Hi there.

I got a reply to my grievence and my employer has not upheld it and stated that I put the grievence in maliciously. Being blackmailed was the reason.

They didn't even take into consideration my recording/transcript as the manager that interviewed me said it was not admissable even though it proves all of my points in the grievence.

I've decided to raise an appeal against this decision but I know it will be rejected then off to a tribunal I suppose.

 

Hi there

 

Yes usual internal procedures, I had the same, don't be surprised if you grievance decision is upheld.

 

Key now is going to tribunal and utilising your recording - how damaging can the recording be to the companies reputation. Part of the rec I have it shows managers threatening to kill members of staff and also how it's common practise for them to dismiss employees they don't want and pay them off at tribunal!!!

[altobelli]

Are HR involved in the grievance or appeal, or is just being heard by management?