CO-vert Recordings in the Employment Tribunal

A Claimant’s Warning You Don’t Want to Learn the Hard Way

There’s a moment many employees recognise:

You’re walking into a meeting, and something in your gut screams, “Record this.”
Maybe you fear dismissal.
Maybe you’ve seen things you shouldn’t have.
Maybe you simply don’t trust what’s about to happen.

But before you hit record, here’s the truth, spoken from the experience of a claimant who lived through the fallout:

A covert recording can save your case or destroy it.
And most people don’t realise how quickly it can turn into the second one.

1. Tribunals Do NOT Like Covert Recordings, Even When You’re Right

Employment judges have said it again and again:

Covert recordings are “unpleasant”, “undermining”, and “raise credibility concerns”. They can be admitted, but only if you can justify why you recorded, why you didn’t ask permission, why it was necessary, and why it wasn’t malicious.
If you can’t explain that calmly and convincingly, the employer’s barrister will paint you as sneaky, dishonest, manipulative, recording to trap people. And once your credibility is attacked at the Tribunal, it’s very hard to recover.

2. When a Recording Proves the Truth and Still Backfires

The claimant covertly recorded a break time conversation because they knew the manager would lie in the formal meeting and wanted proof of any plan to push them out. The recording captured the manager saying they “needed to be sacked”, the kind of evidence most employees dream of when trying to prove predetermination. The employer’s solicitors attacked the claimant’s character relentlessly:

They argued the recording was “malicious”, “premeditated”, “breach of trust” and a “trap”.
Breach of Data Protection.
They argued the recording showed the claimant was not credible or believable, twisting the focus away from what was actually said and onto the claimant’s motives instead.
The tribunal admitted the recording but viewed the claimant with suspicion and disgust.
The claimant lost.
The employer pushed for high costs.
The claimant ended up with a costs liability, despite being right.

That’s the part no one warns you about: Being right doesn’t protect you from being discredited.

3. The Safest Rule: ALWAYS Ask to Record First

Before recording, say: “For accuracy, I’d like to record this meeting.”
If they refuse, note it down. Tribunals notice this. It makes you look transparent, and they look defensive.
If the employer has nothing to hide, why refuse?

4. When Covert Recording May Be Justified

Only consider it covertly if:

You’ve already raised concerns and been ignored
There is ongoing mistreatment
There are signs and other written evidence
The employer previously allowed recordings but suddenly banned them
You genuinely believe the meeting will be misrepresented; that’s actually what happens

Even then, judges remain cautious, and relying on a covert recording can still damage your case. A judge has emphasised in tribunal decisions that covert recordings are only admitted when they are clearly necessary, clearly fair, and reveal genuine procedural or behavioural problems in the employer’s actions. If those thresholds aren’t met, the tribunal may refuse to admit the recording or, worse, admit it but treat the claimant’s credibility with suspicion.

5. If You Do Record, Protect Yourself

Mention the recording in your ET1; this shows honesty
Explain your reasons calmly
Show you had no malicious intent
Only rely on relevant parts (keep it short)
Be prepared for credibility attacks

Because once the employer discovers you recorded secretly, they will use it to attack your motives, even if the recording proves the truth. They may argue it justifies their dismissal decision, and if you lose, they can seek costs on the basis that your conduct was “unreasonable, vexatious or malicious” under tribunal costs rules.

6. Final Word: A Covert Recording Is Not a Shield, It’s a Huge Risk

A covert recording is not a magic bullet.
It is a credibility grenade.
If you pull the pin without thinking, it can blow up in your hands.
If you must record, do it openly.
If you can’t record openly, be ready to justify it.
And if you can’t justify it, don’t do it.

Because nothing feels worse than being right, and still being discredited, criticised, and hit with costs because of how you proved it, because there was no other way.