My UK based manager regularly makes very personal and derogatory comments during phone calls which she’d never repeat in company, and I want some evidence of this to present to HR/ her management. I gather it’s illegal to record calls here without consent of both parties, but what would the situation be if I recorded her when I was in Switzerland and she was in the UK, where single consent is ok I believe. Would it still be potentially illegal to even bring such a recording to HR in Switzerland? Thank you

My guess is you'd still be wrong to do so. You're in Switzerland and come under Swiss law. What the UK law is doesn't matter.

And no, it doesn't seem UK law would absolve you either.

https://www.telemessage.com/can-you-...ons-affect-it/

You will be breaking the law in both countries if you record without telling her and then try to use it as evidence.

Thank you for your answer and link, but I’m not actually sure it’s illegal in the UK based on what you posted:

‘Under this legislation, it is not illegal for individuals and business to capture and record voice calls secretly as long as the individual or a business will only use the recording for their own use,i.e. research purposes’

So ok to record for own use, but not for other purposes.

But would therefore sharing a legally acquired personal note with a third party for informational purposes be justifiable if there’s a possible legal issue?

But I suppose the real question is whether Swiss law or UK law is primary.

What if I brought the recording to UK HR rather than Swiss?

"Recording or monitoring voice calls is only prohibited if the individual or business plans to share the conversation or some parts of it to a third-party."

Private sounds nice, but how private are you if you are recording work related calls with your colleagues during working hours?

just get someone to secretly sit in on the calls.

It's not easy but have you tried calling this manager out on it? Or a more "I'm sorry, I don't think I heard that correctly, did you say... ..,?"

If it happens again, tell this person you have made a note of what they hsve just said and will be ending the call now in order to speak to this person's line manager. I appreciate it will then be a "their word against mine" situation but it may get this person off your back and it might just be further evidence,for a line manager, of an unacceptable pattern of behaviour.


Also, and don't shoot the devil's advocate here, is what is being said universally inappropriate or is it more specific to you i.e. is it information HR wouldn't have if weren't HR, for example. Is it perhaps a cultural difference? Still wrong as still upsetting but that would be a slightly different discussion.

You could also request that all conversations take place via email.
You could also try the "ok, I've made few notes as we spoke so I'll just read them back to you and pop it in an email so we've got a record" in a bright breezy "fork you, I know what you're doing and am calling your bluff" way. And "I'll just cc my line manager in too".

Are you sure that all of your work voice calls are not recorded anyway?

Make some enquiries .. If they are, ask HR to pull recording from {date} ..

How bad are these personal and derogatory comments? Can you give some examples? Have you told this person not to say these things and that you are offended?

If you have repeatedly told this person not to say those kinds of things then make a formal complaint to HR. You don't need "recorded evidence" to do that.

Thank you for calling. Please note that your call may be recorder for training purposes.

That introduction should put an end to it...