Comments on: Answers: Can my employer use a call recording made by a customer as evidence against me?

By: Janette Coulthard

Janette Coulthard — Mon, 28 Jun 2010 13:57:49 +0000

1. Can they use this recording as sole evidence? Ofcom require companies to advise customers that calls are being recorded and what purpose the recording will be used for. Likewise if a customer is recording you, they have to tell you and advise you to what purpose they will use the recording. If in this case, you did not give your permission for the call to be recorded, it cannot be submitted as evidence against you and should not be used by your employer. It certainly should not be the sole evidence in any case against you. The Lawful Business Practices makes allowance for call recordings without a requirement to notify the customer but this is only in cases where the recording is being used to evidence a contract.

2. Can my employer refuse to give me a copy of the evidence? No,but it depends on what procedures are being taken against you as to when you are legally entitled to have copies of the evidence against you.

3. Do I have a right to a fair trial in any justice system including company disciplinary proceedings? Absolutely, but it depends how far things get. If you employer decides that dismissal is the eventual outcome then you can take them to a tribunal.

In answer to the question posed by Bruce Dunlop on 26/06/10. There are no legal parameters around call timings set for outbound calls from a call centre. The Direct Marketing Association requires it’s members to adhere to their guidelines for marketing calls which are in brief ‘no calls before 9am and after 9pm’ but if the company who calls you is not a member then there is no obligation for them to abide by these guidelines.

Hope this helps

By: Bruce Dunlop

Bruce Dunlop — Sat, 26 Jun 2010 07:43:50 +0000

What time in the morning, by law, can a call centre contact you at? For example I was called today (Sat) at 7.45am by the Halifax?

By: sami

sami — Mon, 07 Jun 2010 15:10:54 +0000

My personal opinion matches the above latter one?
YOU SHOULD BE GIVEN ACCESS TO ANY DATA

By: MJ

MJ — Tue, 10 Nov 2009 11:18:57 +0000

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.

By: Greg

Greg — Thu, 20 Aug 2009 15:23:43 +0000

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.

By: ICS Blog — Why recording calls is a good idea

ICS Blog — Why recording calls is a good idea — Tue, 11 Aug 2009 09:55:41 +0000

[...] 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 [...]

By: Sean

Sean — Mon, 12 Jan 2009 14:49:21 +0000

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.