It is increasingly common these days for employees to record certain conversations with their employer. For example, assessment or performance interviews or if there is a conflict. This in order to gather evidence or to be able to listen back at home.
The question is: do you have to ask this in advance, or can you do this secretly?
In any case, secretly recording a conversation in which you yourself are participating is not punishable. Employment law, of course, is not really good for trust if you do this without asking, so make sure you don't do this lightly.
There are judges who do rule that if you repeatedly secretly record conversations, this does show that the relationship between the parties is disturbed and your employment contract can be terminated for that reason.
A recording of an interview will not easily be excluded as evidence in a proceeding. Truth-telling is often more important to courts in employment cases than how evidence was gathered.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about the conflict at work. Please feel free to contact us.
October 2024
