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The question really boils down to whether the tape or the transcript of the tape would be admissible to a subsequent tribunal. Where a recording has been made without the knowledge of the subject of the recording being aware it would normally be inadmissible however, the admission or exclusion would be subject to legal argument concerning the relevance of the evidence outweighing its prejudicial affect. If the tribunal found that there was no or little prejudice to the claimant whilst the evidence itself was both relevant and cogent, it is likely that the evidence would be admitted. This is the position in the UK.

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โˆ™ 2008-02-23 19:33:26
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Q: Is it legal for an employee to be tape recorded without the permission or knowledge of the employee when the employee was being questioned about an incident that may lead to a warning?
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