deershooter Posted January 19, 2013 Report Share Posted January 19, 2013 My employer has recorded an investigatory meeting with myself without my consent, regarding disciplinary action even though they had a Minuit taker where do I stand ,is this not an infringement of my civil rights? any lawyers on here Deershooter Quote Link to comment Share on other sites More sharing options...
gixer1 Posted January 19, 2013 Report Share Posted January 19, 2013 Video or dictaphone? Regards, Gixer Quote Link to comment Share on other sites More sharing options...
Eskoky Posted January 19, 2013 Report Share Posted January 19, 2013 (edited) Your post doesn't make that much sense - did you employer call you to a meeting to find out facts about an incident? Was there any disciplinary action taken at the meeting? Did your employer send you a notification of a disciplinary meeting before you all sat down - or was this just a minuted meeting to find out some information? I'm not sure that any civil rights have been infringed - maybe some employment rights but without more information it is impossible to tell. Taking minutes in a meeting is pretty standard - although recording a meeting could be against data protection have a look at the link below: http://www.personneltoday.com/articles/02/10/2012/58878/legal-qampa-recording-disciplinary-and-grievance.htm Edited January 19, 2013 by Eskoky Quote Link to comment Share on other sites More sharing options...
chady Posted January 19, 2013 Report Share Posted January 19, 2013 They can't use it in court!! They have to let you know it's bing recorded befor the meeting started. It's the same with recorded phone calls. So it would be thrown out it court. Sorry that's all I can help you with Quote Link to comment Share on other sites More sharing options...
Mungler Posted January 19, 2013 Report Share Posted January 19, 2013 They can't use it in court!! They have to let you know it's bing recorded befor the meeting started. It's the same with recorded phone calls. So it would be thrown out it court. Sorry that's all I can help you with The way round it is to have the recording transcribed word for word and then say they were the very accurate minutes taken by the minute taker ;-) It's as broad as it's long and short Quote Link to comment Share on other sites More sharing options...
delburt0 Posted January 19, 2013 Report Share Posted January 19, 2013 (edited) 8 of my fellow employees got caught on camera smoking in november on a non smoking site, we were not made known that cameras had been installed "for these purposes" so bless em UNITE our union got em all off , best £10.98 union dues a month they have spent , you even get a free diary in december, happy days... even though it was date and time stamped they did not let us no they placed cameras in the work place so this is a infringement on human rights,, most stories like this has a happy ending.......... :yahoo: Edited January 19, 2013 by delburt0 Quote Link to comment Share on other sites More sharing options...
clakk Posted January 19, 2013 Report Share Posted January 19, 2013 i got an investigation recorded when id been told it was an off the record meeting,then a letter telling me disciplinary action would be taken leading to my dismissal .tgwu rep laughed when she read the letter .at the hearing she explained to captin cretin and the h.r manager about the 3 laws theyd broken ,their reply but its company procedure then she explained that this is also iillegal theyd bypassed various laws and they could sack me if they wanted to follow their procedure then when we take them to court id get reinstated ,compensated and they would be prosecuted by the union in a civil case for breaking the laws theyd violated .funny enough they decided to withdraw all the "charges" :lol: Quote Link to comment Share on other sites More sharing options...
Jega Posted January 19, 2013 Report Share Posted January 19, 2013 (edited) It remains a mystery to me as to why any company would employ unqualified people in their H.R. department ,by unqualified i mean no law degree which in the end is what they are going to need when opposed in a tribunal or the like by a union employment lawyer. Edited January 19, 2013 by Jega Quote Link to comment Share on other sites More sharing options...
aris Posted January 19, 2013 Report Share Posted January 19, 2013 You don't need a law degree, just knowledge of relevant labour laws, and keeping up to date with their frequent changes. Quote Link to comment Share on other sites More sharing options...
chady Posted January 19, 2013 Report Share Posted January 19, 2013 Yep your prob right. But surly know one would do any thing sneaky like that??? Or would you??? Lol The way round it is to have the recording transcribed word for word and then say they were the very accurate minutes taken by the minute taker ;-) It's as broad as it's long and short Quote Link to comment Share on other sites More sharing options...
deershooter Posted January 19, 2013 Author Report Share Posted January 19, 2013 The recording was taken by mobile phone at the start of the meeting I was under the impression that both people were turning their phones off when really they were turning them to record they have now emailed the minuets to me and the first line says that they recorded the meeting they have also only allowed me one working day before the disaplinary meeting which Ido not think is long enough for me to prepare a defense Deershooter Quote Link to comment Share on other sites More sharing options...
Amazed Posted January 19, 2013 Report Share Posted January 19, 2013 The recording was taken by mobile phone at the start of the meeting I was under the impression that both people were turning their phones off when really they were turning them to record they have now emailed the minuets to me and the first line says that they recorded the meeting they have also only allowed me one working day before the disaplinary meeting which Ido not think is long enough for me to prepare a defense Deershooter I was under ye impression it was 3 days suspension, for a cooling off period. ? Quote Link to comment Share on other sites More sharing options...
Jega Posted January 20, 2013 Report Share Posted January 20, 2013 (edited) You don't need a law degree, just knowledge of relevant labour laws, and keeping up to date with their frequent changes. Well i wouldnt fancy my chances against a specialist employment lawyer with a degree. Edited January 20, 2013 by Jega Quote Link to comment Share on other sites More sharing options...
clakk Posted January 20, 2013 Report Share Posted January 20, 2013 (edited) balls to that the hearing has to be agreed both both partys and u are allowed representation they have to allow u time to get your rep in these cowboys are asking u to claim compo n go to a tribunal .get a employment lawyer rang first thing monday and he,l kick **** n dont forget to make him bill them for ####itiss .data protection act is very serious tool pretty sure just like the speed camera and cctv warnings u have to be told u gonna be recorded and agree to it .like wen u ring the bank and they warn calls will be recorded etc check your lawyer but dont think they can do it off bat .even the goverment needs a warrent to record your self atb clakk Edited January 20, 2013 by clakk Quote Link to comment Share on other sites More sharing options...
Tug Posted January 20, 2013 Report Share Posted January 20, 2013 Just to scupper the illusions of tribunals being a wonderful place for the trade unions and employees, the success rate is quite low despite the fact that only strong cases are taken forward. Regardless of "the law", what do your company policies say? Many of them will exceed or improve upon legal positions, whilst some will place blanket agreements in for recording interviews etc. However, procedures should be explained and copies provided at time of interview for clarity. There is no procedure in the land that can take away your statutory employment rights. Quote Link to comment Share on other sites More sharing options...
Tug Posted January 20, 2013 Report Share Posted January 20, 2013 Just to add to the above, advice given here by others won't necessarily be the correct advice unless they know and understand the policies that apply in your particular workplace. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 20, 2013 Report Share Posted January 20, 2013 In all matters of this sort it's wise to never underestimate, or rule out: 1. The capacity for bosses, however junior, to make up rules as they go along and thereby shoot themselves in the foot 2. But also, the capacity for employees to act in a militant and self-destructive manner in the workplace, which renders people (like judges for example) unsympathetic Quote Link to comment Share on other sites More sharing options...
Beretta06 Posted January 20, 2013 Report Share Posted January 20, 2013 Delburt, Why is it a 'non smoking site'? Anti tobacco or hazardous? Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted January 20, 2013 Report Share Posted January 20, 2013 (edited) You must be informed in writing that you are expected to be at a meeting-the time/place must be reasonable for both parties.The letter should also inform you of the purpose of the meeting-you should also be told that you can be accompanied.At the meeting you will hear any complaints against you-in writing if made by a third party (you have the right to request a copy).You can give your side of the story but no disciplinary actions can be taken at this stage-it is down to your employer to inform you,having considered both sides of the story,wether or not to procede with further action.Any deviation from your companies procedure is a "Breach of contract" and I would suggest that you read your companies rule book very carefully-cos most managers dont and laws have changed over the last couple of years.Dont give up-analise every step they make. Edited January 20, 2013 by bruno22rf Quote Link to comment Share on other sites More sharing options...
garygreengrass Posted January 20, 2013 Report Share Posted January 20, 2013 Go off on the sick with stress,that will buy you some time. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted January 20, 2013 Report Share Posted January 20, 2013 (edited) garygreengrass's suggestion is a good idea and very easy-tell your doc that you cannot sleep etc and a note is a good bonus-threaten legal action as soon as your company screws up-but you would need to quit your job for the biggest payout. Edited January 20, 2013 by bruno22rf Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 20, 2013 Report Share Posted January 20, 2013 ...but you would need to quit your job for the biggest payout. Is that right?? Be very careful listening to this kind of thing. A mate of mine sits on ETs and Constructive Dismissal claims are amongst the least successful. If certain people are to be believed employers are cowering in fear of unions and the courts. This is far from the case. Also - what's all this about a 'payout'? So far they have recorded a preliminary hearing to establish if a disciplinary hearing is to take place. As has been suggested the tape recording will provide a clear transcript of what was actually said, won't it? They shouldn't have done it and I would have said it might be a nice bit of leverage to get them to drop the thing. But what has the OP done to warrant an investigation? Might be useful to know that before we get all Citizen Smith about it. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted January 20, 2013 Report Share Posted January 20, 2013 Faced a similar event a couple of years ago-my employer was guilty of a breach of contract but my Solicitor advised me that ,unless I quit work (because of the stress caused) then he could not sue for any damages/loss of earnings.The document the OP needs is the disciplinary procedure "toolkit for managers" or their equivalent-it should be available one way or another.My case was with a Council who employed me and the manager concerned was lucky not to have been sacked. Quote Link to comment Share on other sites More sharing options...
mikky Posted January 20, 2013 Report Share Posted January 20, 2013 Go off on the sick with stress,that will buy you some time. i wouldnt...probably get your ticket taken off you...stress and guns dont go together mikky................just go on sick with some thing else Quote Link to comment Share on other sites More sharing options...
overandunder2012 Posted January 20, 2013 Report Share Posted January 20, 2013 we used to record disciplinarys but we would tell the employee and give him a copy on cd Quote Link to comment Share on other sites More sharing options...
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