Question: Can my employer use a call recording made by a customer as evidence against me?
I worked in a call centre for more then 5 years and never had any problems or issues either with my employer or any of the customers. My employer then received part of an individual recording of a telephone conversation from a customer who made a complaint against me.
My employer does not have their own recordings to verify the individual customer recording. The customer was racially abusive and he recorded my reply to his racial provocation and I believe, edited the recording that he then submitted.
The Beginning of his telephone call recording is missing. He informed me at the end of the call that he had recorded the call. My employer is only interested in what the customer is saying and is using the customer’s recording as sole evidence against me.
The allegation made during the disciplinary action is that I was ”rude”. I did not use any offensive language or swear despite the fact that I have received racial abuse at my place of work in the past which I reported to my employer before this incident.
My understanding under the Regulation of Investigatory Powers Act 2000 (RIPA), is that it is not illegal for individual customers to record conversations, providing the recording is for their own personal use. If a person intends to make the conversation available to a third party, they must obtain the consent of the person being recorded. In my case this was not done.
I gave my employer consent to monitor and record my calls for training and quality purposes including the possibility of using this as evidence. I would not mind if my employer used their own recordings. Data protection policies should prevent any data including telephone recordings to be manipulated, disrupted, edited etc. My Company is registered for Data Protection, whereas, an individual is not registered for data protection and I do not feel that I am protected in such circumstances.
I feel let down by my employer as their recording would have been evidence of the racial abuse aimed at me.
I asked my employer to allow me access to the customer’s call recording and the investigatory notes, but they are not forthcoming. I am thinking to now request this information under the Data Protection Act and Freedom of Information Act.
My questions to you are:
1. Can they use this recording as sole evidence?
2. Can my employer refuse to give me a copy of the evidence?
3. Do I have a right to a fair trial in any justice system including company disciplinary proceedings?
No related posts.
If your employer is using any evidence as part of a disciplinary process then they must make it available to you. It seems strange to me that if the organisation has the call recorded via their own equipment that they want to rely on a recording furnished by a customer. As for a ‘fair trial’ your organisation, if in the UK, must follow laid down legal procedures for dealing with disciplinary issues. I suggest you seek out a copy of the organisation’s disciplinary policy, failing that consult the following website http://www.acas.org.uk.
Comment by Sean — 12 Jan 2009 @ 2:49 pm
[...] Call Centre Helper has a story of how an agent felt they were unfairly treated and not supported by their employer in an alleged instance of rudeness and poor behaviour, despite their mitigating good service [...]
Pingback by ICS Blog — Why recording calls is a good idea — 11 Aug 2009 @ 10:55 am
I find this case odd, as a Service Manager looking after a large number of staff I have a detailed hands on knowledge of employment law. My advice would be to contact a solicitor and get some impartial legal advice. There could be grounds for constructive dismisal.
Comment by Greg — 20 Aug 2009 @ 4:23 pm
I think under the Data Protection Act you are entitled to request access to any data that is held against you. I would put in a formal request for access to the voice recording in question.
Comment by MJ — 10 Nov 2009 @ 12:18 pm