The Workplace Mistakes Employees Keep Making

As employment lawyers, there are certain mistakes we see employees make repeatedly – usually when they think they are protecting themselves. The problem is that these actions can sometimes backfire. 

Covert recordings

With smartphones everywhere, covert recordings have become increasingly common. However, there is a big difference between someone pressing record halfway through a meeting because it suddenly turns inappropriate, and someone routinely attending meetings planning to secretly record everything. Most people can understand why an employee might panic and record evidence if a conversation becomes discriminatory or abusive. But regularly recording managers or HR without permission is another matter entirely.

Employment relationships are built on trust and confidence. Once an employer discovers an employee has been secretly recording meetings for months, that trust tends to disappear very quickly. In many cases, it can justify dismissal on the grounds of gross misconduct.

It can also damage a Tribunal claim. Employees may be tempted to use the recordings as evidence in a discrimination, whistle-blowing or unfair dismissal case. However, these recordings will often lead to a successful argument that regardless of the unlawful dismissal or treatment, the employee would have been fairly dismissed in any event after a short disciplinary process because of their actions in making covert recordings. It can change a potentially high worth claim into one worth 4-5 weeks’ loss of salary.

Notably, once the lawyer representing the employee is told of the existence of the recording, they have an overriding duty to disclose them to the other side.

AI transcription

With the rise of AI transcription technology, we see a good many employees who appear to believe that automatic transcripts are somehow different from recordings because they produce text rather than audio. Legally, that distinction is unlikely to help very much. It is still data, and often confidential data at that. If a meeting is confidential, recording and transcribing it with AI can create the same issues around trust, confidentiality, and data protection.

Downloading company data

We see similar issues arising when employees forward work emails to themselves or download company documents before raising a grievance or leaving their job. Employees often say they are just keeping evidence, but employers usually see it very differently. From the employer’s perspective, it can look like misuse of confidential information or a serious data protection issue. This can quickly become a misconduct issue in its own right and can seriously complicate settlement discussions or Tribunal proceedings. It is always important for employees, and their lawyers, to be fully aware of the policies of the employer in relation to confidential information.

Get advice from Farore Law

Before pressing record, take legal advice. Farore law is very experienced in dealing with cases involving misconduct or grievances, discrimination, sexual harassment, and whistleblowing. Please contact us for legal advice.