4 ways to control covert recording and protect your business

Recording business meetings and conversations has become easy and common. But what if these recordings end up on social media?  It can cause a myriad of issues – loss of reputation, breach of confidentiality, and of course, data protection issues.

As an employer you will need to protect your business, but also bear in mind that sometimes employees feel justified in recording, especially if they’re worried about workplace behaviour and want to gather evidence. Where does the law stand on covert recording at work?

If an employee secretly records a colleague or manager, this may breach an employee’s implied duty of trust and confidence. This could be considered gross misconduct, potentially leading to a fair dismissal – but this will depend on various factors:

• Why was the recording made?
• Does your business have a clear policy covering the appropriate use of workplace recordings?
• How thoroughly have you communicated this policy to all employees?

Posting covert recordings on social media is clear misconduct. It can harm a business’s reputation and bring it into disrepute. You should make sure that your Social Media policy very clearly prohibits sharing covert recordings. Finally, be warned: recording employees without their knowledge puts the business at risk for constructive dismissal claims if they resign due to this breach of trust and privacy.

4 top tips for employers

1. Make sure that you have a clear policy banning making or sharing covert recordings in the workplace. Make sure all employees are aware of the policy!
2. Be clear about the consequences for those who might be tempted to make secret recordings. It could be considered gross misconduct, especially if the recordings are shared on social media.
3. Take action. When someone break the rules, you need to act to show that you’re serious. However, consider each case individually. The employee’s reasons for recording could affect the appropriate response.
4. The golden rule for all employees – always ask for consent from colleagues, clients, job applicants etc. before recording them. For situations (like social events) either make an exception in your policy or notify everyone present that a recording is in progress.