Looking for some advice please...

[greenskye]

Hi,


I’m trying to get some calls that I know have been recorded, from the Respondent, I know these calls exist as I was on them, so know the dates/times of them all.


I’ve requested them from the Respondent, but they’ve come back with ‘no recording made’, I have a feeling that they’re trying to be tricky with their words.


By saying that, it doesn’t mean that they definitely weren’t recorded behind the scenes etc, just that no one physically pressed the button to record that specific call.


I’ve been told by the Respondent at an earlier date that calls are recorded, therefore, it’s reasonable to believe that the server/system holds these calls.


Would I be able to make an application for disclosure to the employment tribunal, highlighting the above?


Please help…

[atticus]

You can always apply for disclosure, but if the Respondent continues to assert that no recording was made, you are not going to get them. You might need to request an explanation why these calls were not recorded.

To me "no recording made" means that no recording was made, the calls were not recorded. I am struggling to see this as being "tricky" with words. You might press on how not recording these calls contrasts with the usual practice.

[ULA]

This looks like a very similar question as posed by dirtysocks.

[greenskye]

I'll have a look at their post, thank you for highlighting.

[atticus]

Perhaps the bot can ask ChatGPT to explain why being told that no recording was made might be a technicality.