Free Traffic Legal Advice

This might seem somewhat bizarre but its causing me a lot of grief and stress, not to mention unhappiness.

A couple of days ago I had to go into town by train.  I went to the station, sat on the bench seat and waited for the train.  An acquaintance came up to me and started chatting. I didn't want to seem rude, and we both got on the train sat down and carried on chatting.  The conversation soon turned to other people that we knew, one of which was a colleague who I'm lets say at variance with and we don't speak at all.

At my destination, I got off and went out of the station and received a phone call from another colleague  (a manager) who told me that someone had seen me on the train with my acquaintance and had covertly recorded our private conversation including taking photo's of the two of us and that there is now a complaint being made against me.

Is it legal for someone to record a private conversation without your knowledge and/or consent?

Can such a recording be used in evidence at any misconduct or other such hearing?

I have emailed this manager requesting sight of the recording and any pictures taken citing that it would be dealt with by head office?  The manager has refused to comply with my request on the basis of 'confidentiality'.

What are my rights in such a case?  Have I got the right to know who recorded us?

As far as I'm concerned this eavesdropping and recording is an infringement of my privacy.  Should I be speaking to a solicitor?

Sorry it's such a long post, Thank you in advance.

I suppose it depends if defamatory remarks were being made about the employer. But to have such conversations in a very public place ought to be done with great caution, especially in these days where everyone is ready to film and record such matters.

Isn't it a criminal offence to secretly record a conversation that you are not a party to?

Under what legislation?

I'm struggling to see how a private conversation would constitute misconduct.

my wife had this same problem with an employer (Monsoon) who sacked one employee and gave written warnings to a few others, on the basis of a conversation on a WhatsApp group of workmates criticising a manager. one group member unbelievably shared the conversation with another manager.
Monsoon decided whatsapp was a "social media platform" I wanted to take them to task but wife just told them to FRO and where to stick their **** job.

Quote from: cp8759 on June 21, 2024, 07:36:10 pm

Quote from: ManxTom on June 20, 2024, 11:10:17 am

Isn't it a criminal offence to secretly record a conversation that you are not a party to?

No. Any corporate body or person doing so for business reasons might have some GDPR problems, but a private individual acting in a purely private / personal capacity can record anything they can see and hear in a public place.

But can it be used in eveidence?

No reason why not.

In any case, we're not talking about a court of law, but an internal disciplinary enquiry, where the employer presumably makes up his own rules.

Quote from: cp8759 on June 21, 2024, 07:36:10 pm

Quote from: ManxTom on June 20, 2024, 11:10:17 am

Isn't it a criminal offence to secretly record a conversation that you are not a party to?

No. Any corporate body or person doing so for business reasons might have some GDPR problems, but a private individual acting in a purely private / personal capacity can record anything they can see and hear in a public place.

But can it be used in eveidence?

Yes. In the employment context, the Employment Appeal Tribunal has been very clear that covert recordings are admissible in evidence.

And I think it would be "good form" to let you see/hear the said evidence before you face any enquiry. I can't see how you can reasonably be expected to answer any accusations if you do not know what those accusations are.

It would probably be unfair not to.

..and that there is now a complaint being made against me.

Which, if it happens, would follow a process set out in your company's Disciplinary Policy. As things stand, your employer hasn't invoked this procedure. I suggest you wait until you have something in writing at which point the parameters of the issue and what are and are not relevant matters could be determined more accurately.