Covert recordings deemed admissible

In Punjab National Bank (International Limited) and others v Gosain, the EAT has upheld a Tribunal decision that undercover recordings made by an employee of the public and private discussions of the panel at her grievance and disciplinary hearings could be admitted as evidence at a final hearing. The EAT held that the private comments made by the panel were not part of their deliberations on the matters in questions and this case could be distinguished from its decision in Amwell v School Govenors v Dogherty. This case held that the recording of the private deliberations of the disciplinary panel would not be admissible on the grounds of public policy. However in the instant case, the EAT held that the Tribunal was entitled to decide that the recordings were admissible in evidence and their relevance could be ascertained by the Tribunal at the final hearing.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222