Covert Recordings in the Workplace: What Irish Employers Need to Know

One growing concern among Irish businesses is the increasing trend of employees secretly recording disciplinary hearings and grievance meetings—often without prior knowledge or consent from their employer.

Are Secret Recordings Legal in Ireland?

While most organisations in Ireland explicitly prohibit unauthorised recordings within their employee handbooks, in practice, it is incredibly difficult to prevent or detect covert recordings. Employers should be aware that these recordings may still be admissible as evidence in an employment tribunal, despite being made without consent.

Currently, there is no overarching rule governing the admissibility of covert recordings in Irish employment law. Instead, it is left to individual tribunals to assess their use on a case-by-case basis. Increasingly, if the content of the recording is deemed relevant and proportionate, a tribunal may allow it to be used as evidence.

Learning from the UK: A Cautionary Tale for Irish Employers

The UK is a few steps ahead in this area, offering valuable insight into how such cases might evolve in Ireland.

  • In a UK Employment Appeals Tribunal (EAT) case, it was ruled that covert recordings are generally admissible, except in cases involving private panel deliberations, which are protected under public policy. However, even this boundary is not absolute—such recordings might still be permitted if they reveal serious misconduct, such as discriminatory decision-making.

  • In another case, an employee secretly recorded multiple grievance and disciplinary meetings. These recordings included:

    • A managing director instructing dismissal during an adjournment.

    • A manager admitting to intentionally ignoring key issues in the grievance letter.

    • A sexual remark made during a break in the disciplinary hearing.

    The EAT concluded that these recordings were admissible, as they did not constitute protected deliberations.

Best Practices for Employers: Minimising Legal Risk

To protect your business from the risks associated with covert recordings, we recommend implementing the following best practices:

1. Reinforce Your Recording Policy

Continue to prohibit unauthorised recordings in your employee handbook. At the start of any hearing or formal meeting, reiterate this policy and have the employee confirm their understanding—ideally in writing or on record—that they are not recording the session.

📌 Tip: If an employee makes a recording despite this, it could damage their credibility in any future tribunal.

2. Control the Meeting Environment

During breaks in hearings or investigations, the employer’s team should leave the room. Avoid situations where employees are left alone with a running device that could continue recording private discussions.

3. Maintain Accurate Meeting Records

Take detailed, contemporaneous notes during grievance or disciplinary meetings. Share these notes with the employee afterward. If the employee does not dispute the notes, this may help reduce the likelihood of a tribunal admitting an undisclosed recording.

Important Reminder for Employers

While tribunals may allow employees to submit covert recordings where the evidence is valuable, employers are held to a higher standard.

In the UK case Scott Kilday v MGM International (2014), a company was ordered to pay £16,000 in compensation for constructive dismissal after it was found to have planted a covert listening device in an employee’s plant pot.

⚠️ Employers must ensure any surveillance or recording is conducted lawfully, transparently, and only where there is a legitimate business interest.

Final Thoughts

Covert recordings represent a legal grey area that’s becoming increasingly relevant for Irish employers. Taking proactive steps to discourage unauthorised recordings and manage internal procedures transparently will help safeguard your organisation from future legal disputes.

If you’re unsure whether your current policies meet the standard, or if you’d like help updating your employee handbook, don’t hesitate to contact our HR advisory team for tailored support.