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#Post#: 27241--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: Southpaw82
Date: June 23, 2024, 7:16 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]
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
DIR 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
DIR By: Southpaw82
Date: June 23, 2024, 11:45 am
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--- Quote from: NewJudge link ---
>
> 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.
>
--- End Quote ---
It would probably be unfair not to.
#Post#: 27387--------------------------------------------------
Re: Requesting some non motoring legal advice
DIR By: PallasAthena
Date: June 24, 2024, 12:34 pm
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--- Quote from: Korting link ---
> 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'.
--- End 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
DIR 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
DIR By: mickR
Date: June 28, 2024, 5:27 am
---------------------------------------------------------
--- Quote from: Southpaw82 link ---
>
> [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.
>
--- End 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
DIR By: Southpaw82
Date: June 28, 2024, 12:44 pm
---------------------------------------------------------
--- Quote from: mickR link ---
>
> [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.
>
--- End 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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