 | | 
06.02.2020, 21:21
| Newbie | | Join Date: Jan 2020 Location: Geneva
Posts: 4
Groaned at 0 Times in 0 Posts
Thanked 2 Times in 1 Post
| | Recording phone calls?
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
| 
06.02.2020, 21:36
|  | Forum Legend | | Join Date: Jul 2011 Location: Switzerland
Posts: 22,872
Groaned at 446 Times in 344 Posts
Thanked 17,988 Times in 10,046 Posts
| | Re: Recording phone calls?
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.
| 
06.02.2020, 21:55
| Newbie | | Join Date: Jan 2020 Location: Geneva
Posts: 4
Groaned at 0 Times in 0 Posts
Thanked 2 Times in 1 Post
| | Re: Recording phone calls?
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?
| 
06.02.2020, 22:08
|  | Forum Legend | | Join Date: Jul 2011 Location: Switzerland
Posts: 22,872
Groaned at 446 Times in 344 Posts
Thanked 17,988 Times in 10,046 Posts
| | Re: Recording phone calls?
"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."
| This user would like to thank Medea Fleecestealer for this useful post: | | 
06.02.2020, 22:36
| | Re: Recording phone calls?
Private sounds nice, but how private are you if you are recording work related calls with your colleagues during working hours?
| 
07.02.2020, 10:47
|  | Forum Legend | | Join Date: Oct 2009 Location: Basel
Posts: 14,992
Groaned at 295 Times in 199 Posts
Thanked 19,064 Times in 8,021 Posts
| | Re: Recording phone calls?
just get someone to secretly sit in on the calls.
| This user would like to thank Phil_MCR for this useful post: | | 
07.02.2020, 10:56
| | Re: Recording phone 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".
| The following 2 users would like to thank for this useful post: | | 
07.02.2020, 11:19
| | Re: Recording phone calls?
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} ..
| This user would like to thank for this useful post: | | 
07.02.2020, 11:32
| Forum Legend | | Join Date: Mar 2009 Location: Zurich
Posts: 13,922
Groaned at 1,345 Times in 897 Posts
Thanked 20,871 Times in 7,980 Posts
| | Re: Recording phone calls? | Quote: | |  | | | 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 | | | | | 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.
| The following 3 users would like to thank Chuff for this useful post: | | 
07.02.2020, 12:39
|  | Forum Legend | | Join Date: Sep 2006 Location: Zürich
Posts: 8,699
Groaned at 383 Times in 263 Posts
Thanked 13,078 Times in 4,480 Posts
| | Re: Recording phone calls? Thank you for calling. Please note that your call may be recorder for training purposes.
That introduction should put an end to it...
|
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | Thread Tools | | Display Modes | Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | All times are GMT +2. The time now is 22:47. | |