Secretly Recorded Evidence

[Ausmo87]

Hi there, I have a tricky situation here.

I am being discriminated at work. It's very obvious and clear cut (the business doesn't have a clue about their EA2010 responsibilities and have made a number of major missteps) although I won't go into details.

Because of this, I decided to secretly record my most recent meeting with the CEO, where I complained and argued with about him saying to me "you just use your disability as an excuse".

In that meeting he straight up said "well, maybe I didn't say that, maybe I just misspoke. Maybe you misheard me. How about that? Your word against mine, pal".

Nasty piece of work.

Anyway, I got it on audio recording clear as day.

I understand that this is likely to be accepted as evidence, however the company has a clear policy that secret recordings are likely to be classed as gross misconduct. Notwithstanding, it probably also breaches the implied term of trust and confidence.

That being said, the recording is the best evidence I have and I would want to submit it as evidence.

I would love to leave my job and push this through ACAS and then tribunal, but I cannot afford to lose my job if I'm dismissed when they're presented with the audio as evidence.

Is there anything I can do?

[ULA]

I appreciate that you are being discriminated at work however you do not say what other actions you have taken to try to resolve this issue such as raising a grievance.

You have a company policy that expressly states "that secret recordings are likely to be classed as gross misconduct." In addition it is at an Tribunal's discretion whether or not to allow recordings as evidence, however that will depend on whether the recording is relevant, whether you attended the meeting, your particular circumstances of the case and whether it would be considered as entrapment.

What other evidence can you present to prove your allegations of discrimination?

[Ausmo87]

Hi ULA, thanks for coming back to me on this.

The actions I've taken thus far have been informal, but wanted to confirm that I'm going to be submitting a formal grievance letter next week. I've written it, and I'm having my lawyer look over it before I send it on to the company.

Yes there's a policy which says that; a previous employee recorded conversations when he too was being discriminated against because of his depression, and so once he was settled out, the company cynically rolled out this policy.

It puts me in a bind, because I have an asymmetrical notice period. It's 6-months if I resign but only 1-month if the company decides - yes the company is that cynical. So it means if I submit the evidence to ACAS, they'll contact the employer with the evidence, and the employer could fire for gross misconduct, legally - although I'd still go on to (probably/hopefully) win my discrimination tribunal claim.

It would however leave me out of work for some time, which isn't ideal.

There is other evidence; around about 30 or-so screenshots of Teams conversations are included in my grievance, where, on multiple occasions, I'm referred to as "talking like a robot" even by the CEO - they are very aware of my neurodivergence. So there's that...

But to be honest the thrust of my claim will come from victimisation... Because the terrible treatment of me has only really become evident (and mostly directed during these verbal meetings). I can only really prove that victimisation from the recordings.

Things in the recordings include quotes such as:

"Well, you know part of this is all down to how you communicate and you know there's no protections for you if it means you can't do your job, so I can just do that to get rid of you"

And;

When in discussion with the CEO, arguing about the employee describing me as using my autism as an excuse: "well, maybe I just didn't hear him right. What about that? My word against yours?!"

Pretty much as bad as it gets. Very clear cut stuff - and there's about 5 hours of this over 2 meetings.

[ULA]

It is good to hear that you are deciding to take some formal action, particularly if anything informal has not improved the situation. Also that there is other evidence that can be used which is outside of the recordings you have made.

Given that you have a lawyer advising then it would be good for you to discuss the issue over the recordings and how strategically they can be used.