From the recent case of Chairman and Governors of Amweil View School v Mrs C Dogherty UKEAT DA Mrs. Dogherty who was a teaching assistant at the Amweil View School covertly recorded her disciplinary hearings and even the private deliberations of her employers who were considering her future employment. This article examines the state for this law on the associated with covert recordings as evidence in the employment tribunal of an employers behavior. Use of covert recordings Dogherty was dismissed for misconduct from the use of unreasonable force and inappropriate language with regards to some children.
She relied upon her covert recordings to support her claim for unfair dismissal in the employment tribunal because she disputed the minutes of outdoors hearing of the disciplinary and appeal hearings produced by the school. She applied rather late in day time to have the evidence of her covert recordings mentioned. The employment tribunal by a case management order allowed her to use the unauthorized recordings she had made of the disciplinary and appeal panel hearings including the individual deliberations. In Virginia Public Records though the employer did not know that the meeting nor the private deliberations were being recorded that evidence could be taken in the tribunal.
Appeal to the Employment Appeal Tribunal The school appealed against the Order. It argued that Doghertys clandestine recording of the deliberations of members of disciplinary and appeal panels amounted a good unjustified infringement of the governors right to privacy and that the public interest required those deliberations to remain private. Dogherty invoked her right to rely on the disputed evidence and to a good hearing under Article of your European Convention on Human Rights. Applying XXX v YYY IRLR the Employment Appeal Tribunal EAT held that the first and most important rule of the law of evidenceis
that evidence is only admissible if it indeed is relevant to an issue between the parties. It had no hesitation in upholding the tribunals finding that the material contained previously recordings was relevant to Doghertys unfair dismissal statement. A majority of the EAT was satisfied that the decision taken by the ET was within the involving responses that a reasonable tribunal might make and refused to interfere an absence of any questions of lawBarracks v Coles Secretary of State for your Home Department intervening EWCA Civ applied.