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#Post#: 27241--------------------------------------------------
Re: Requesting some non motoring legal advice
By: Southpaw82 Date: June 23, 2024, 7:16 am
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[quote author=Korting link=topic=2281.msg27222#msg27222
date=1719140603]
[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?
[/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]
Yes. In the employment context, the Employment Appeal Tribunal
has been very clear that covert recordings are admissible in
evidence.
#Post#: 27269--------------------------------------------------
Re: Requesting some non motoring legal advice
By: NewJudge Date: June 23, 2024, 9:51 am
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And I think it would be "good form" to let you see/hear the said
evidence before you face any enquiry. I can't see how you can
reasonably be expected to answer any accusations if you do not
know what those accusations are.
#Post#: 27289--------------------------------------------------
Re: Requesting some non motoring legal advice
By: Southpaw82 Date: June 23, 2024, 11:45 am
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[quote author=NewJudge link=topic=2281.msg27269#msg27269
date=1719154297]
And I think it would be "good form" to let you see/hear the said
evidence before you face any enquiry. I can't see how you can
reasonably be expected to answer any accusations if you do not
know what those accusations are.
[/quote]
It would probably be unfair not to.
#Post#: 27387--------------------------------------------------
Re: Requesting some non motoring legal advice
By: PallasAthena Date: June 24, 2024, 12:34 pm
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[quote author=Korting link=topic=2281.msg26821#msg26821
date=1718839402]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'.[/quote]
How could a recording of a conversation between you and one
other person be "confidential" to you (or to the other person)?
Everything in it you either said or was said to you. I'd
challenge that. Sounds like the sort of fob-off that managers
give to when they don't want to do something even when there is
no reason to refuse you.
#Post#: 27532--------------------------------------------------
Re: Requesting some non motoring legal advice
By: H C Andersen Date: June 26, 2024, 3:15 am
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..and that there is now a complaint being made against me.
Which, if it happens, would follow a process set out in your
company's Disciplinary Policy. As things stand, your employer
hasn't invoked this procedure. I suggest you wait until you have
something in writing at which point the parameters of the issue
and what are and are not relevant matters could be determined
more accurately.
#Post#: 27820--------------------------------------------------
Re: Requesting some non motoring legal advice
By: mickR Date: June 28, 2024, 5:27 am
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[quote author=Southpaw82 link=topic=2281.msg27289#msg27289
date=1719161144]
[quote author=NewJudge link=topic=2281.msg27269#msg27269
date=1719154297]
And I think it would be "good form" to let you see/hear the said
evidence before you face any enquiry. I can't see how you can
reasonably be expected to answer any accusations if you do not
know what those accusations are.
[/quote]
It would probably be unfair not to.
[/quote]
just following on to this point. surely the recording of the OP
is his personal data, to which he would be entitled the right of
access under GDPR regardless of any company policy.
#Post#: 27874--------------------------------------------------
Re: Requesting some non motoring legal advice
By: Southpaw82 Date: June 28, 2024, 12:44 pm
---------------------------------------------------------
[quote author=mickR link=topic=2281.msg27820#msg27820
date=1719570474]
[quote author=Southpaw82 link=topic=2281.msg27289#msg27289
date=1719161144]
[quote author=NewJudge link=topic=2281.msg27269#msg27269
date=1719154297]
And I think it would be "good form" to let you see/hear the said
evidence before you face any enquiry. I can't see how you can
reasonably be expected to answer any accusations if you do not
know what those accusations are.
[/quote]
It would probably be unfair not to.
[/quote]
just following on to this point. surely the recording of the OP
is his personal data, to which he would be entitled the right of
access under GDPR regardless of any company policy.
[/quote]
Probably, yes. Whether a SAR would shake it out in time for any
disciplinary hearing is another matter.
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