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  • Answer Upon - Covert Recordings Of Disciplinary Meetings With An Employer

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    aring of the disciplinary and appeal hearings produced by the school. She applied rather late in the day to have the evidence of her covert recordings admitted. The employment tribunal, by a cas
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    In the recent case of Chairman and Governors of Amweil View School v Mrs C Dogherty UKEAT/0243/06/DA, Mrs. Dogherty who was a teaching assistant at the Amweil View School, covertly recorded her disciplinary hearings and even the private deliberations of her employers who were considering her future employment. This article examines the state of the law on the use of covert recordings as evidence in the employment tribunal of an employer's conduct.

    Use of covert recordings

    Dogherty was dismissed for misconduct through the use of unreasonable force and inappropriate language in relation to some children. She relied upon her covert recordings to support her claim for unfair dismissal in the employment tribunal because she disputed the minutes of the open hearing of the disciplinary and appeal hearings produced by the school. She applied rather late in the day to have the evidence of her covert recordings admitted. The employment tribunal, by a case

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    disciplinary hearings and even the private deliberations of her employers who were considering her future employment. This article examines the state of the law on the use of covert recordings as evidence in the employment tribunal of an employer's conduct.

    Use of covert recordings

    Dogherty was dismissed for misconduct through the use of unreasonable force and inappropriate language in relation to some children. She relied upon her covert recordings to support her claim for unfair dismissal in the employment tribunal because she disputed the minutes of the open hearing of the disciplinary and appeal hearings produced by the school. She applied rather late in the day to have the evidence of her covert recordings admitted. The employment tribunal, by a cas

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    s evidence in the employment tribunal of an employer's conduct.

    Use of covert recordings

    Dogherty was dismissed for misconduct through the use of unreasonable force and inappropriate language in relation to some children. She relied upon her covert recordings to support her claim for unfair dismissal in the employment tribunal because she disputed the minutes of the open hearing of the disciplinary and appeal hearings produced by the school. She applied rather late in the day to have the evidence of her covert recordings admitted. The employment tribunal, by a cas

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    language in relation to some children. She relied upon her covert recordings to support her claim for unfair dismissal in the employment tribunal because she disputed the minutes of the open hearing of the disciplinary and appeal hearings produced by the school. She applied rather late in the day to have the evidence of her covert recordings admitted. The employment tribunal, by a cas
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    aring of the disciplinary and appeal hearings produced by the school. She applied rather late in the day to have the evidence of her covert recordings admitted. The employment tribunal, by a case management order, allowed her to use the unauthorized recordings she had made of the disciplinary and appeal panel hearings, including the private deliberations. In other words, even though the employer did not know that the meeting nor the private deliberations were being recorded, that evidence could be used in the tribunal.

    Appeal to the Employment Appeal Tribunal

    The school appealed against the Order. It argued that Dogherty's clandestine recording of the deliberations of members of disciplinary and appeal panels amounted to an unjustified infringement of the governors' right to privacy, and that the public interest required those deliberations to remain private. Dogherty invoked her right to rely on the disputed evidence and to a fair hearing under

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