Recording workplace meetings: Is it legal in the UK?

In years gone by, limited technology meant it wasn’t easy to record events. However, today, anyone with a mobile phone can simply click a button and have a permanent account of what’s been said.

This means any employer or employee has the practical means to record an important meeting, whether it’s a disciplinary hearing, an appraisal, or simply a complex topic.

While it may be possible technology-wise, is recording meetings legal in the UK?

Can you record a Zoom meeting?

Companies often record Zoom meetings to help back up the minute-taking, or to create resources for training, marketing and quality assurance. It can also aid communication, as the recording can be sent out to attendees afterwards to remind them of what has been agreed, or to people who couldn’t be there in person.

Recording any type of business meeting needs a culture of respect and trust. Traditionally, the main reason for making any recording is to create evidence. Some employees feel it’s turning into a “Big Brother” scenario if they’re being recorded in the workplace.

As an employer, if you wish to record a Zoom meeting, make a Google Meet recording, or film any other gathering, it’s vital that your actions are transparent from the start. Tell delegates of your intention to start recording before doing so and ensure everyone present understands that is what you are doing.

As a manager, never record a meeting secretly, as this goes against every workplace protocol.

Can I record a meeting with my boss?

Employees shouldn’t record a workplace meeting without the consent of their employer. Even if you feel it will be of use afterwards, recording meetings without consent is frowned upon.

If the company has a specific policy that forbids recording all meetings across the board, the employer must remind attendees of this at the start. The chairperson should clearly outline company policy, stating that anyone recording the meeting will be in breach of the rules. They may even be liable for disciplinary proceedings as a result.

People in attendance are entitled to have a copy of written notes from any formal meeting, such as disciplinary hearings. According to studies, however, around 50% of employees covertly record them – they want an accurate report of what has been said to refer to later on.

Another reason cited is to make sure employers don’t go back on something they have said afterwards.

Can I record meeting on iPhone?

As an employee, you shouldn’t try to sneak your phone into a meeting to record events without anyone knowing. The chairperson may ask you to specifically confirm that you’re not carrying a meeting recording device. Anyone who refuses to confirm this can expect to be asked why.

Studies show the potential for employees to record meetings covertly is immense. As an employer, understanding why staff feel the need to do so can help resolve any conflict.

An employer can refuse to permit employees to record meetings. If an attendee deliberately goes against this company rule, it can have serious consequences for their career.

A meeting may also be less fluid if people know they’re being recorded. It may stifle debate and create a different outcome. Some delegates might feel uncomfortable if they can’t speak freely, so they won’t contribute to the debate.

If you have a specific company policy that bans the recording of meetings, it must be stated in the employee handbook and in the disciplinary and grievance procedures handbook.

Should you permit employees to record meetings?

Most businesses are unlikely to have a company-wide policy permitting all meetings to be recorded. The usual approach is to consider each individual case on its merits.

If the request is agreed, ground rules should be established on how the recording can be stored and used. The company should also ask for a copy of the recording and for written confirmation that the employee won’t broadcast it in a public place, such as on social media or a personal website.

How to record meeting minutes

Presuming the company has given permission for an employee to record meeting minutes via a portable device, written notes should also be taken.

The iPhone can be used as a recording device by using the Voice Memos app in the Utilities folder. You can use the built-in microphone, an external microphone, or a supported headset.

If an employee has a medical condition that makes it hard for them to take notes, or to recall all that has been said, the company must make a “reasonable adjustment”, such as permitting a recording, to ensure fairness under the Equality Act 2010.

What if a covert recording is made?

Over the past 15 years, a general rule has evolved that covert recordings should be discouraged. However, if the employee has recorded parts of the meeting, this may be admissible as evidence at an employment tribunal. For it to be considered, it must be relevant, so the employee may be asked to narrow down the recording to play back specific segments.

Private discussions that have been secretly recorded are usually not permitted for use at a tribunal. Although an employee might leave a device hidden in the room while the disciplinary committee discusses their case in private, this generally can’t be used as evidence.

There have been a few exceptions to this ruling: the Employment Appeal Tribunal has stated that making covert recordings is “distasteful”, but this opinion is separate from whether they can be used as evidence or not.

Legal experts say this remains a controversial issue. It can raise confidentiality concerns and can also be deemed an invasion of privacy.

In 2017, in the case of Fleming v East of England Ambulance Service NHS Trust, a tribunal considered whether a covert recording made by the appellant could be used. Fleming had left his mobile phone recording in the room after he left the disciplinary panel to deliberate. The tribunal ruled that the recording was inadmissible, as under common law, the panel’s discussions were “private and legally privileged”.

Meeting room hire

If your company is planning an important event, agree upfront to a recording policy. Choosing meeting room hire in Birmingham through &Meetings can be beneficial either way.

Technology such as video conferencing is available that can make it simple to record events, should this be the agreed way forward.