My boss secretly records meetings: Is this legal?

Each week, Dr Kirstin Ferguson tackles questions on workplace, career and leadership in her advice column, Got a Minute? This week: a boss secretly recording meetings, working in fear of a manager and tackling mandated leave.

When we have online meetings, my boss sometimes hides himself behind the screen so that my colleagues (who are not in the office) can’t see he is there. He then listens in to the call and sometimes records the meeting with his phone without my colleagues’ knowledge or consent. This is clearly unethical, but is it also illegal? We all feel really uncomfortable.

Your boss sounds like a human red flag standing atop of a mountain of red flags. He isn’t just being unethical, he may also be breaking the law by secretly recording meetings.

Keep a log of when this happens including who was on the call, and whether he recorded it on his phone. If there are others in the room (where he is hiding) consider working on a solution together. Find out what your organisation’s policy is for whistleblowing or reporting unacceptable behaviour. Ask a trusted senior leader for advice on how this can be addressed.

The bottom line is your boss is creating a culture of fear and mistrust. If I were your manager’s boss, I would be showing him the door. Surveillance without consent is serious matter and no one in your workplace should have to tolerate it. Key will be reporting this to the right person in your business so they can take action quickly and decisively.

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I work for a large organisation which I love, but my new manager has been aggressive and confrontational with me a number of times. I am actually quite frightened of them. We have undergone facilitated discussions and mediation sessions where my manager is always defensive and unapologetic, embellishes the truth, and completely invalidates my concerns. I think it is unfair to put me in that situation where I have to repeatedly experience this. For my safety from future behaviours I have asked this be escalated to HR, but was told that won’t be good for me. I am now concerned HR will support my manager over me. What rights do I have?

You have a range of legal protections against bullying and your employer is required to provide you with a psychologically safe workplace. It sounds like neither of these are happening for you at the moment. You should also be free to escalate your concerns without being told such action will be detrimental to you. That, in itself, could constitute bullying.

Given you work for a large organisation, can you ask to be transferred to another team? While you do have rights and may be able to take external action, you might find it easier to request to work in a team where you do not need to have contact with this manager. If that is not an option, you could ask for a support person to be at these meetings so you don’t feel so alone and exposed. Whatever happens, your mental health must come first, so please access any EAP support your employer provides too.