Covert Recordings: What’s the secret?

McDermott Will & Emery | Employment Law Journal | June 2014 #151
Clandestine recordings of private discussions at workplace disciplinary and grievance hearings may be admissible in employment tribunal proceedings, report Sharon Tan and Paul McGrath ‘Technological advances have given rise to a spate of cases that have considered whether evidence obtained on a clandestine basis ought to be admissible in subsequent employment tribunal litigation.’ In an …

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Tribunal Procedure: Lessons from recent case law

Dechert LLP | Employment Law Journal | June 2013 #141
Charles Wynn-Evans reports on some new decisions on employment tribunal procedure ‘It cannot be right to allow a case which otherwise has no reasonable prospect of success to proceed simply on the basis that “something may turn up” during the course of the hearing.’ There has been plenty of coverage of the new employment tribunal …

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Employee Surveillance: Who’s monitoring whom?

Hogan Lovells | Employment Law Journal | May 2013 #140
Jo Broadbent looks at what approach the tribunals are taking to employees’ new-found ability to gather evidence secretly on their smartphones and how employers should respond An employer should probably focus its efforts on minimising the risk of the evidence being created in the first place. Employee monitoring is generally understood to refer to a …

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