Is it legal to record telephone calls with Jobcentre staff?

[heisenberg]

Hi all,

I've had a very negative experience with the jobsworths at the Jobcentre. I had my solicitors send the DWP a letter before action and the DWP/Jobcentre staff were subsequently not forthcoming with the truth.

I understand it is legal to record phone calls as long as the recordings are for personal use? It seems the DWP don't like you recording calls with the Jobcentre staff though:

https://www.whatdotheyknow.com/reque...mants.pdf.html

Any input appreciated.

[warwick65]

Re: Is it legal to record telephone calls with Jobcentre staff?

While covert recording is allowed , having it admitted at a tribunal is very difficult as I found out. The DWP argued in was in breach of human rights and the judge ( a solicitor who seemed to think if he could manage taking x pills a day then so could I - not at all sympathetic ) through my arguments out. While I think he made an error and I think had I paid to be represented in a request to the upper tier I would have won, I decided for the sake of my sanity to let it go. That and the fact in all honesty my condition had improved enough to no longer qualify

[heisenberg]

Re: Is it legal to record telephone calls with Jobcentre staff?

While covert recording is allowed , having it admitted at a tribunal is very difficult as I found out. The DWP argued in was in breach of human rights and the judge ( a solicitor who seemed to think if he could manage taking x pills a day then so could I - not at all sympathetic ) through my arguments out. While I think he made an error and I think had I paid to be represented in a request to the upper tier I would have won, I decided for the sake of my sanity to let it go. That and the fact in all honesty my condition had improved enough to no longer qualify

I think there have been many cases that deal with this point. There may be some case law on this.

That judge sounds like a chump. I've met a few like him at the Employment Tribunal too.

I think my case was one that should have gone to an Employment Tribunal and not a County Court which would have meant there was no significant costs risk. I did ask this question but the barrister who initially looked at my case seemed to suggest it was a matter for the County Court. I think she could have been mistaken.

[Kati]

Re: Is it legal to record telephone calls with Jobcentre staff?

Hi all,

I've had a very negative experience with the jobsworths at the Jobcentre. I had my solicitors send the DWP a letter before action and the DWP/Jobcentre staff were subsequently not forthcoming with the truth.

I understand it is legal to record phone calls as long as the recordings are for personal use? It seems the DWP don't like you recording calls with the Jobcentre staff though:

https://www.whatdotheyknow.com/reque...mants.pdf.html

Any input appreciated.

While covert recording is allowed , having it admitted at a tribunal is very difficult as I found out. The DWP argued in was in breach of human rights and the judge ( a solicitor who seemed to think if he could manage taking x pills a day then so could I - not at all sympathetic ) through my arguments out. While I think he made an error and I think had I paid to be represented in a request to the upper tier I would have won, I decided for the sake of my sanity to let it go. That and the fact in all honesty my condition had improved enough to no longer qualify

That being said ... if you tell the JokeCentre staff you want to record a face-to-face meeting with them they are meant to provide a private room for you.

I'll have a dig around this afternoon and see if I can find the FOIs etc... xx

[heisenberg]

Re: Is it legal to record telephone calls with Jobcentre staff?

That being said ... if you tell the JokeCentre staff you want to record a face-to-face meeting with them they are meant to provide a private room for you.

I'll have a dig around this afternoon and see if I can find the FOIs etc... xx

Thanks Kati.

I take it the "JokeCentre" was deliberate?

In my case I just wanted to have a callback from a complaint recorded.

warwick65, was your ET claim in relation to your dealings with the JokeCentre in regards to an ESA claim? If so, my claim should definitely have gone to an ET.

[warwick65]

Re: Is it legal to record telephone calls with Jobcentre staff?

Hi
My claim was a PIP appeal and I had recorded the health care 'professional' when he did the assessment in my own home. He clearly applied criteria which were wrong and if they had let me present a transcription of the recording I could have proved that , backing it up with case law.

[heisenberg]

Re: Is it legal to record telephone calls with Jobcentre staff?

Hi
My claim was a PIP appeal and I had recorded the health care 'professional' when he did the assessment in my own home. He clearly applied criteria which were wrong and if they had let me present a transcription of the recording I could have proved that , backing it up with case law.

Oh, I see. Yeah, it really is a shambles they way they treat people these days.

I plan to record all conversations between myself and the Jobcentre going forward - they are a slippery bunch of characters.

[Kati]

Re: Is it legal to record telephone calls with Jobcentre staff?

Thanks Kati.

I take it the "JokeCentre" was deliberate?

of course (and that's the nicest thing I call them lol) xx

[Basement Bob]

Re: Is it legal to record telephone calls with Jobcentre staff?

I've requested a mandatory reconsideration on a sanction following a face to face capability assessment as the refusal to pay me was based on pretty much on lies, inaccuracies on their part and things have been claimed that I said and actual relevant things I said have been omitted and the medical report appears to have went through a few decision makers.

The best part is my circumstances haven't changed since the claim began a year ago and now I don't meet it? I had surgery to attempt to alleviate the problem but I was and still am convalescing with problems still present that might need further surgery.

I'm now around 9 weeks with no money or no response to my appeal and a £1200 credit card bill debt......

And I have recorded the liar too, was nearly in tears when I replayed it while reading the refusal.

Bets if I asked beforehand that I would still be in receipt of my payment.

Where can I go from here with this anyone?

Thanks in advance, Bob

[slainte caragh]

Re: Is it legal to record telephone calls with Jobcentre staff?

The official word us call centre staff are given, if you record a call of any way shape of form (personal or not) this is not permitted in any court of law.

You must make the staff aware they are being recorded, if your representative then refuses to be recorded you are obliged to stop recording of again, anything you say will be inadmissable in a court. I believe the Communications act of 2003 that you must inform anyone that they are being recorded wether this is on an inward or outward call.

It also states it is a criminal offence to use expletives on a telephone, hence your mobile phone always suggesting you tell people to duck off!

If you do advise an agent you are recording them and they have reason to believe you have not stopped the recording they have full rights to terminate the call, providing they have warned you adequately (ie I do not consent to your recording due to all telephone calls being recorded at this end, if you do not cease this activity I shall terminate the call.)