Legal Q&A: Recording disciplinary and grievance meetings

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There are circumstances when both employees and employers may want to record formal meetings, for example in the hope that this supports their position should a claim be raised in the future. Employment lawyer Hayley Johnson considers the extent to which there is any right to record such meetings and the pitfalls of doing so.  

Does an employee have the right to record a disciplinary or grievance meeting?

An employee does not have the right to record a meeting. Meetings may, however, be recorded with the employer's consent. In practice, recording meetings may make those taking part uncomfortable and so may not be helpful to the conduct of the meeting. As a result, rather than recording a meeting it is preferable to have a neutral person present to take notes, which may be circulated and agreed afterwards. Employers may wish to review their applicable procedure to state expressly that employees are forbidden from recording hearings, if this reflects the response they would give if asked this question by an employee. This will assist in managing employees' expectations.

Can allowing a meeting to be recorded be a reasonable adjustment for a disabled employee?

Yes. For example, an employee who is not able to take his or her own notes of a meeting due to a physical or mental impairment that prevents him or her from doing so may ask for an audio recording of the meeting as an alternative. If a disabled employee asks to record the meeting, the employer should consider:

• whether or not recording the meeting would remove any disadvantage that employee has; and
• whether there are any alternative options which could remove the d