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#Post#: 26821--------------------------------------------------
Requesting some non motoring legal advice
DIR By: Korting
Date: June 19, 2024, 6:23 pm
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This might seem somewhat bizarre but its causing me a lot of
grief and stress, not to mention unhappiness.
A couple of days ago I had to go into town by train. I went to
the station, sat on the bench seat and waited for the train. An
acquaintance came up to me and started chatting. I didn't want
to seem rude, and we both got on the train sat down and carried
on chatting. The conversation soon turned to other people that
we knew, one of which was a colleague who I'm lets say at
variance with and we don't speak at all.
At my destination, I got off and went out of the station and
received a phone call from another colleague (a manager) who
told me that someone had seen me on the train with my
acquaintance and had covertly recorded our private conversation
including taking photo's of the two of us and that there is now
a complaint being made against me.
Is it legal for someone to record a private conversation without
your knowledge and/or consent?
Can such a recording be used in evidence at any misconduct or
other such hearing?
I have emailed this manager requesting sight of the recording
and any pictures taken citing that it would be dealt with by
head office? The manager has refused to comply with my request
on the basis of 'confidentiality'.
What are my rights in such a case? Have I got the right to know
who recorded us?
As far as I'm concerned this eavesdropping and recording is an
infringement of my privacy. Should I be speaking to a
solicitor?
Sorry it's such a long post, Thank you in advance.
#Post#: 26831--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: andy_foster
Date: June 19, 2024, 7:04 pm
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I'm struggling to see how a private conversation would
constitute misconduct.
#Post#: 26833--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: roythebus
Date: June 19, 2024, 8:46 pm
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I suppose it depends if defamatory remarks were being made about
the employer. But to have such conversations in a very public
place ought to be done with great caution, especially in these
days where everyone is ready to film and record such matters.
#Post#: 26864--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: ManxTom
Date: June 20, 2024, 5:10 am
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Isn't it a criminal offence to secretly record a conversation
that you are not a party to?
#Post#: 26867--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: Southpaw82
Date: June 20, 2024, 5:36 am
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--- Quote from: ManxTom link ---
>
> Isn't it a criminal offence to secretly record a conversation
that you are not a party to?
>
--- End Quote ---
Under what legislation?
#Post#: 27027--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: ivanleo
Date: June 21, 2024, 1:36 pm
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--- Quote from: ManxTom link ---
>
> Isn't it a criminal offence to secretly record a conversation
that you are not a party to?
>
--- End Quote ---
No. Any corporate body or person doing so for business reasons
might have some GDPR problems, but a private individual acting
in a purely private / personal capacity can record anything they
can see and hear in a public place.
#Post#: 27173--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: mickR
Date: June 22, 2024, 4:21 pm
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--- Quote from: andy_foster link ---
>
> I'm struggling to see how a private conversation would
constitute misconduct.
>
--- End Quote ---
my wife had this same problem with an employer (Monsoon) who
sacked one employee and gave written warnings to a few others,
on the basis of a conversation on a WhatsApp group of workmates
criticising a manager. one group member unbelievably shared the
conversation with another manager.
Monsoon decided whatsapp was a "social media platform" I wanted
to take them to task but wife just told them to FRO and where to
stick their shit job. [react][/react]
#Post#: 27222--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: Korting
Date: June 23, 2024, 6:03 am
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--- Quote from: cp8759 link ---
>
> [quote author=ManxTom link=topic=2281.msg26864#msg26864
date=1718878217]
> Isn't it a criminal offence to secretly record a conversation
that you are not a party to?
>
--- End Quote ---
No. Any corporate body or person doing so for business reasons
might have some GDPR problems, but a private individual acting
in a purely private / personal capacity can record anything they
can see and hear in a public place.
[/quote]
But can it be used in eveidence?
#Post#: 27228--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: 666
Date: June 23, 2024, 6:23 am
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--- Quote from: Korting link ---
>
> [quote author=cp8759 link=topic=2281.msg27027#msg27027
date=1718994970]
> [quote author=ManxTom link=topic=2281.msg26864#msg26864
date=1718878217]
> Isn't it a criminal offence to secretly record a conversation
that you are not a party to?
>
--- End Quote ---
No. Any corporate body or person doing so for business reasons
might have some GDPR problems, but a private individual acting
in a purely private / personal capacity can record anything they
can see and hear in a public place.
[/quote]
But can it be used in eveidence?
[/quote]
No reason why not.
In any case, we're not talking about a court of law, but an
internal disciplinary enquiry, where the employer presumably
makes up his own rules.
#Post#: 27230--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: 666
Date: June 23, 2024, 6:28 am
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--- Quote from: Korting link ---
>
>
>
> As far as I'm concerned this eavesdropping and recording is an
infringement of my privacy. Should I be speaking to a
solicitor?
>
>
>
--- End Quote ---
You have no right of privacy in a public place.
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