I work for a Company in the UK, and routinely recording conversations between customers and myself providing that they (the customer) give consent. A private phone call on my personal mobile phone between another agent and myself was accidentally recorded on my company device in which we had a conversation where we had a discussion about the company. This conversation was listened to by my business manager who then started disciplinary proceeding against me and my colleague. This resulted in both of us losing our jobs. Can the company use a private conversation between people which was recored accidentally and not meant for other people like this?

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    How did a phone call on your personal mobile get recorded on your company device? – David Thornley Nov 29 '18 at 23:16
  • i have to record conversations between myself and clients as part of my normal work related duties providing that permission is granted by the client.If permission is not given then the conversation is not recored on a company device .The conversation in question was between two agents who both work in the same office.It was made on personal mobile phones and was recored on a company device which was running in the background unknown to both parties – Sundaco Nov 30 '18 at 17:39

What private phone call?

All I see is a phone call you recorded in a manner which you knew was available for your employer to play. A conversation that you conduct in a way that allows you to be “overheard” is not “private”.

We are not talking about an unlawful covert recording by them, we are talking by an accidental recording by you which legally came into their possession.

Of course they can act on it.

The more interesting question is: given they can legitimately act on it was their action in terminating you legal?

Why not ask it?

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  • The phone call was made on personal mobile phones and was supposed to be a private conversation between two people.It was not meant to recorded and was unknowingly done so on a company device – Sundaco Nov 30 '18 at 17:30
  • @Sundaco I understand that and have expanded my answer – Dale M Nov 30 '18 at 21:46

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