The question arises frequently as to whether evidence gathered this way is admissible in an employment tribunal case and also whether undertaking covert recording is a criminal act. As with many things in employment law, there is no definitive answer to these questions, however we can provide some guidance.
Recording employees without their knowledge can present human rights issues and we would never suggest that this is something a business does routinely. However, a recent Employment Appeal Tribunal (EAT) hearing has seen case law tested in this area. The case looked at whether employers could undertake covert surveillance in order to prove fraud.
The area of whether or not covert recordings can be used as evidence in employment tribunals has always been fairly complicated but there have been important developments that mean employers need to exercise additional caution.