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Can a phone call be recorded and used aginst me without my permisson?
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Can a phone call be recorded and used aginst me without my permisson?

a work mate is being sacked for gross misconduct and i spoke with him on the phone last week and said something i should have not said in order to help a new starter do well, now i think hs is bitter and will bring it up at his disaplinary.

Dont think it can as it happens. Its illegal to record someone without their knowledge unless they are caught on cctv

jackie m
Scottish Law, no it cant be used although the lawyers can listen to it before court dates.

In the UK, you have to be informed if someone is taping a phone call or any other conversation with you. The phone call has nothing to do with your workmate's disciplinary case - that's between him and your employer - I can't see how you are brought into this at all as the conversation related to events after the gross misconduct event.

i have to laugh at times with these peoples answers. i have no idea where they come up with this stuff.if it was just you and this party it is perfectly legal. as long as one of you knows it is legal and they do not have to tell the other person.where it becomes illegal is when a third person tapes you and this guy without eith of you knowing

No, not unless you are informed that the call is being recorded. Whatever is said is irrelevant, you cannot legally have a phone call recorded without your knowledge. You're entitled to your opinion too, however offensive it may be. Edit: Actually, it depends which country you are in, I'm assuming UK.

A private wiretap is usually OK if just one of the people in the conversation knows about it. What you describe is what you said to him directly. It is here say evidence. But, a disciplinary hearing is not a court of law; it is a kangaroo court at best.

baby girl
It con be used without your permission it can be a very bad place to be,but it does not have make you feel bad.If you are fortunate enough,it won`t be a very bad experience.

the gaffer
you worry over nothing,so what if you have said things to help a new starter do better,remember the disciplinary is about your work mate not you or anything you may have said.if he is being sacked for gross misconduct then if you have or havent said anything it is immaterial.i doubt a call would of been recorded anyway,what gives you reason to think it was ? get on mate and chill out,its not worth worrying about what might be.

Depends on your jurisdiction. Only twelve states require both parties to consent to a recording of a telephone conversation. I'll assume you're both in the same state, so the question of which law to apply doesn't come into it (If you're interested, if you're calling from a one-party state into a two-party state, the two-party laws apply). How do you know he recorded it? If you knew it was being recorded at the time and said nothing, that may be considered consent in a two-party state.

Loli M
I don't know where you live but in most states in the US it is illegal to record a call without first informing the caller. Since this is a work thing, it will all be up to the person doing the sacking.

In that case it would not be a phone call, like a tap, but actually witness testimony.

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