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?
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?