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Case law
Phoenix House Ltd v Stockman

Recording a meeting at work without saying so usually isn’t gross misconduct on its own.

The ruling

EAT upheld unfair dismissal; covert recording is not automatically gross misconduct.”

Secretly recording a meeting at work is generally seen as some misconduct, but it isn't automatically gross misconduct, and it won't necessarily wreck an otherwise strong unfair dismissal claim.

  • If you've recorded a meeting without telling your employer, that alone doesn't automatically justify dismissal or reduce your compensation.
  • What you recorded and why matters more than the fact you recorded it at all.
  • Get advice before relying on a covert recording as evidence, since how it can be used isn't always straightforward.
Read the full case

The situation

A finance employee at a workplace charity raised a grievance during a company restructure, alleging she had been treated unfairly by a senior manager. She was later called to a meeting about her conduct. Without telling her employer, she recorded the conversation. The recording only came to light later, during her subsequent employment tribunal claim.

What the tribunal found

The employment tribunal found she had been unfairly dismissed, citing inadequate notice of the dismissal hearing and insufficient information about the allegations against her. On appeal, the employer argued that the covert recording amounted to gross misconduct, and should have reduced her compensation or undermined her claim.

The Employment Appeal Tribunal disagreed. It held that covert recording is not uncommon, and while it is good employment practice for either side to say if they intend to record a meeting, failing to do so will usually count as some misconduct. It just isn't automatically gross misconduct. What mattered was why she recorded the conversation, not just that she did. The tribunal also weighed how blameworthy her conduct was, and what the recording actually captured, both relevant to any just and equitable reduction under s.123 Employment Rights Act 1996. The tribunal's original findings and compensation award were upheld, and both the employer's appeal and the employee's cross-appeal were dismissed.

Full citation

Phoenix House Ltd v Stockman, [2019] UKEAT 0284/17/0507, Employment Appeal Tribunal, 5 July 2019

Last reviewed 16 July 2026