Covert Recordings at Work: Should You Record a Redundancy or Dismissal Meeting?

Facing redundancy or dismissal is often one of the most stressful experiences in working life. It is natural to want clarity – and to ensure that what is said in meetings is accurately recorded.

With smartphones readily available, many employees consider secretly recording meetings. But is this a sensible step? And could it help where the employee has been selected for redundancy or has faced disciplinary action which they consider could result in a claim for unfair dismissal or discrimination?

Why Employees Consider Recording Meetings

It is increasingly common for employees to record meetings where there are concerns about fairness or transparency. This often arises where there are:

Concerns that the redundancy, disciplinary or grievance process is not being handled fairly or consistently
Concerns that meeting notes may not reflect what was actually said
Suspicion of discrimination (for example, linked to pregnancy, disability, or age)
Unclear or shifting reasons for the redundancy

In these situations, recording can feel like a way to protect your position.

Is It Legal to Secretly Record a Meeting at Work in the UK?

In most cases, yes.

If you are part of the conversation, it is not generally a criminal offence to record it without telling the other participants.

However, this does not mean there are no risks. Covert recordings may still have consequences under:

Employment law
Workplace policies
Data protection law

Put simply, something can be lawful – but still problematic.

Could Recording a Meeting Get You into Trouble?

Potentially, yes.

Tribunals have consistently found that covert recording will usually amount to misconduct, as it undermines trust and openness in the workplace. However:

It is not automatically gross misconduct
It does not automatically justify dismissal

The key question is why you recorded the meeting.

Tribunal Case Example: Phoenix House Ltd v Stockman (2019)

This leading case highlights how tribunals approach covert recordings.

The employee secretly recorded a meeting with HR
The employer argued this justified dismissal for gross misconduct as trust and confidence had been undermined, that the recording was designed to obtain an advantage for the employee
The tribunal disagreed

The Employment Appeal Tribunal (EAT) recognised that employees may record meetings for a variety of reasons, including:

Keeping an accurate record of what was said
Protecting themselves against potential misunderstandings or misrepresentation
Seeking advice from legal or professional advisers

A tribunal is not bound to conclude that the covert recording of a meeting undermines trust and confidence

The employee’s motives are highly relevant. Tribunals may consider whether the recording was made:

To preserve an accurate record of important discussions
To gain an unfair advantage
Out of confusion, anxiety or stress

Tribunals will also consider the employee’s conduct, including:

Whether they were instructed not to record the meeting
Whether they were honest when asked about the recording
The nature of the meeting being recorded
Whether the employer’s disciplinary policy specifically prohibits covert recording

In most cases, it is preferable for either party to be open about recording a meeting and seek agreement beforehand. However, covert recording does not automatically destroy the employment relationship.

Because the employee acted out of stress rather than attempting to entrap the employer, she still succeeded in her claim – although her compensation was reduced by 10%.

Can covert recordings be used in an Employment Tribunal?

Yes – and this is often misunderstood.

Employment tribunals have a wide discretion to admit relevant evidence, including covert recordings.
This means a recording may help demonstrate:

What was actually said during a meeting
Procedural flaws in a redundancy or disciplinary process
Inconsistent explanations for dismissal
Potentially discriminatory comments

Tribunal case example: Punjab National Bank v Gosain

This case shows how powerful covert recordings can be.

The employee recorded grievance and disciplinary hearings
The recordings revealed internal discussions

Importantly, the recordings exposed:

A direction to dismiss the employee
An intention to ignore parts of her grievance

The tribunal allowed the recordings as evidence because they revealed serious procedural concerns.

Key takeaway: covert recordings can uncover evidence that might otherwise never be available.

Important limitation: private deliberations may not be admissible

There is an important legal distinction between different types of recordings.

Tribunal case example: Amwell View School v Dogherty

In this case:

Recordings of the disciplinary hearing itself were allowed
Recordings of the panel’s private deliberations were excluded

This reflects a broader principle: decision-makers must be able to discuss matters privately.

Key takeaway: recordings of meetings you attend are far more likely to be admissible than recordings made after you leave the room.

How this applies to redundancy situations

Covert recordings can be particularly relevant in redundancy scenarios, where claims often depend on process and fairness.

A recording may help show:

The outcome had effectively been decided before consultation began
Selection criteria were applied unfairly
Alternative roles were not genuinely considered
Different or inconsistent reasons were given

This can support claims for:

Unfair dismissal
Discrimination
Failure to follow a fair redundancy process

What about confidentiality and data protection?

Covert recordings can also raise wider legal issues.

If your recording captures:

Information about other employees
Confidential business information
Client or customer data

…there may be legal and disciplinary risks if the recording is disclosed or used inappropriately.

This is particularly important in regulated or professional environments.

Should you record a dismissal or redundancy meeting?

There is no universal answer. Whether recording a meeting is sensible will depend on the circumstances and what you hope to achieve.

A covert recording might:

✔ Provide valuable evidence
✔ Capture important statements
✔ Provide evidence that may be relevant to a future claim

But it could also:

✖ Damage trust between you and your employer if discovered
✖ Lead to disciplinary action being taken against you
✖ Be viewed negatively by a tribunal depending on your motives and the circumstances in which the recording was made

Before recording, consider:

Can you ask for permission to record the meeting openly?
Would keeping detailed notes be sufficient?
Are you prepared to explain your decision later?

Final thoughts

If you are facing redundancy or dismissal, it is understandable to want to protect your position.

Covert recordings can sometimes be decisive in employment claims – but they are not without risk. Tribunals will look carefully at why a recording was made and how it is used, as well as what it reveals.

The key message is simple:

A covert recording may strengthen your position in some cases – but it should never be made or relied upon without careful consideration of the risks.

How we can help

If you are concerned about redundancy, dismissal or workplace discrimination, taking early legal advice can make a significant difference to your position.

Our employment law team can help you: