Can you record a disciplinary or grievance meeting? UK guide

The short answer

Neither side has a general legal right to record a disciplinary or grievance meeting in the UK. Whether a meeting is recorded is normally a matter for your procedure and for agreement between the people taking part.

The question is still not a simple one. A disabled employee may need a recording as a reasonable adjustment. Covert recordings reach tribunals often enough that there is case law on them. Any recording you make or hold is also personal data.

This guide covers Great Britain. Northern Ireland has its own code of practice, issued by the Labour Relations Agency, and its own discrimination legislation.

What Acas says

The Acas Code of Practice on disciplinary and grievance procedures (2015) does not mention recording. Its foreword says employers "would be well advised" to keep a written record of disciplinary and grievance cases. Acas consulted on a draft revised Code in 2026, so check which version is in force.

Acas guidance, which is not statutory, says more:

An organisation can record an investigation meeting if its policy allows it and the worker agrees.
Any decision to record should be agreed by everyone taking part.
Knowing that a meeting is being recorded can feel intimidating.
A covert recording of an investigation meeting might be treated as misconduct or as a breach of trust and confidence.
Meetings held by video may be recorded with everyone’s agreement, in line with data protection law.

For the hearing itself, Acas advises that someone takes notes and that you keep a confidential written record. The Acas guide suggests the note taker should be someone not involved in the case. It also says the employee should receive copies of meeting records.

Recording as a reasonable adjustment

Under section 20 of the Equality Act 2010, you must take reasonable steps to avoid a substantial disadvantage to a disabled person. Acas guidance confirms that this duty applies at a disciplinary hearing.

Some conditions make it hard to follow a meeting, process what is said or take notes. In that case, allowing a recording may be a reasonable adjustment. Ask the employee why they want to record before you decide, and consider any medical or occupational health advice.

Other steps may meet the same need, such as a note taker, prompt copies of the notes, extra breaks or a companion who takes notes. Whether they are enough depends on the person and the disadvantage. If you refuse a request, keep a note of your reasons.

Agreeing recording in advance

If you are willing to record, set the rules out in your procedure and confirm them before each meeting. Points to settle include:

who may record, and on which device or platform
how each person’s agreement will be noted
whether adjournments and private discussions will be recorded
who holds the recording and who receives a copy
whether it will be transcribed, and who checks the transcript
how long it will be kept

At the start of the meeting, say that it is being recorded and note each person’s agreement. If anyone objects, decide whether to continue with written notes only.

Covert recordings and tribunals

Tribunals have dealt with secret recordings case by case rather than by a fixed rule.

In Phoenix House Ltd v Stockman [2019] IRLR 960, an employee secretly recorded a meeting with HR about her own position. The employer argued that it would have dismissed her for gross misconduct had it known. The Employment Appeal Tribunal (EAT) said that not telling the other side about a recording will generally be misconduct.

The EAT also held that a covert recording does not necessarily destroy trust and confidence. The purpose of the recording, the employee’s blameworthiness and what was recorded may all be relevant. The tribunal’s 10% reduction in compensation for the recording was upheld.

In Punjab National Bank (International) Ltd v Gosain (UKEAT/0003/14), an employee recorded her grievance and disciplinary hearings. The recordings included remarks made while she was out of the room. The EAT upheld the tribunal’s decision to admit them, as they were not genuine deliberations on the issues being decided.

That case distinguished Amwell View School Governors v Dogherty [2007] IRLR 198. There, recordings of a panel’s private deliberations were excluded on public policy grounds, while recordings of the open hearing were admitted.

Points to take from these cases:

If your procedure treats covert recording as misconduct or gross misconduct, say so clearly.
Remind everyone at the start that recording without agreement is not allowed.
Hold private discussions away from the meeting room, and assume they could be heard later.
A policy breach will not necessarily stop a tribunal from admitting a recording.

Data protection

A recording of a meeting contains personal data, so UK GDPR applies to any recording you make or keep. You need a lawful basis, you must tell people about the recording, and you must keep it secure.

ICO guidance on monitoring workers treats audio recording as more intrusive than visual recording. It says covert monitoring is unlikely to be justified in usual circumstances. The ICO has said this guidance is under review following the Data (Use and Access) Act 2025.

An employee can ask for a copy of a recording through a subject access request. You must normally respond within one month. For requests received since 5 February 2026, the month is paused while you wait for information you reasonably need to answer, such as clarification of what is being asked for.

Notes as an alternative

A careful written record avoids many disputes about what was said. Options include:

a note taker who is not involved in the case
live notes typed during the meeting and checked at each adjournment
a transcript of an agreed recording

The employee’s companion may also take notes. Acas guidance says the companion must be allowed to do so.

What to do with a recording afterwards

Store the file securely and limit access to those who need it.
Give the employee a copy or a transcript if that is what you agreed.
Keep the original file unaltered, alongside any transcript.
If you withhold any part, for example to protect a witness, record what you withheld and why.
Apply your retention schedule and delete the file when you no longer need it.

If you would rather have an independent note taker, see disciplinary and grievance meetings.

Sources

General information, not legal advice. Check the current Acas Code and your own procedure, and take advice on a specific case.

Can you record a disciplinary or grievance meeting?