Are secret recordings grounds for dismissal?

A senior member of staff has been using recording devices in the office to monitor workplace conversations. What are my obligations to the employees concerned and do I have a legal right to dismiss the individual for infringing the privacy of colleagues?

The employee’s recording contravenes the Data Protection Act 1998. Their use amounts to misconduct. You may be able fairly to dismiss the employee for this misconduct, if dismissal for this act alone is reasonable.

Factors that may affect whether this is reasonable include the importance you the place on complying with data protection laws (likely to be of particular importance if you handle a large amount of personal information) and the reasons the employee had for making the recordings (furthering some vendetta would be particularly relevant).

In considering the employee’s dismissal it is important that you follow a fair procedure, according to the Advisory, Conciliation and Arbitration Service (ACAS) code on disciplinary and grievance procedures.

Also it may be open to you to dismiss the employee if his actions have had a negative impact on his working relationship with colleagues. This may be evidenced by colleagues raising grievances about the covert recording. You should give proper consideration to any such grievance in accordance with the ACAS code. Dismissal for this reason would be fair if you have lost all trust and confidence in the employee maintaining a productive working environment, or the employee’s actions have caused his working relationships to breakdown irrevocably.

SO

Get the procedure right, and you can safely show the employee the door.