EAT PRACTICE AND PROCEDURE – Admissibility of Evidence
In support of a discrimination claim the Claimant sought permission to adduce in evidence 39 hours’ worth of covert recordings which she had made of contacts between herself and her managers or colleagues. The Employment Judge refused the application.
HELD, dismissing the appeal, that the Judge had been plainly right to refuse the application as made, since neither the recordings themselves nor any transcripts had been made available. However, it was open to the Claimant to make a more focused application, properly supported by transcripts of the material sought to be relied on.
‘the practice of making secret recordings in this way is, to put it no higher, very distasteful; . . The law is now established that covert recordings are not inadmissible simply because the way in which they were taken may be regarded as discreditable’
Judges:
Underhill J
Citations:
[2013] UKEAT 0534 – 12 – 0102
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Amwell View School v Dogherty EAT 15-Sep-2006
amwell_dogherty
The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, . .
Cited by:
See Also – Vaughan v London Borough of Lewisham and Others QBD 11-Apr-2013
The claimant sought an order to restrain anticipated defamatory comments and evidence to be given to an employment tribunal.
Held: It could not be said as the claimant asserted that dfeences were bound to fail, and no determination should be . .
See Also – Vaughan v London Borough of Lewisham and Others (Practice and Procedure : Costs) EAT 6-Jun-2013
EAT Practice and Procedure : Costs – Tribunal orders that Appellant should pay Respondents one-third of their costs (estimated prior to assessment at andpound;260,000) on the basis that the claim was misconceived . .
Cited – Punjab National Bank (International) Ltd and Others v Gosain EAT 7-Jan-2014
EAT PRACTICE AND PROCEDURE – Preliminary issues – Whether court recordings of relevant meetings prior to Claimant’s alleged dismissal were to be admissible in evidence at trial insofar as they involved private . .
Lists of cited by and citing cases may be incomplete.
Employment, Evidence
Updated: 14 November 2022; Ref: scu.471564