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12 Sep 2019

Covert recording: Is it gross misconduct?


The EAT ruled in its recent decision of Phoenix House v Stockman, that if an employee takes a covert recording this conduct will often – but not always – justify their dismissal. The purpose of the recording and nature of the footage recorded are relevant to assessing whether it is an act of gross misconduct. The case also highlights the practical issues that employers face in a smartphone dominated society, particularly as Employment Tribunals will often permit covert recordings to be relied on as evidence in any related hearing.

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