Can I refuse to do this?

LegacyUser

I have been asked to take note of a directors movements, record conversations both in person & telephone, report on work undertaken etc.
Can I refuse to do this? This person is part owner of the company I work for so I'm not sure how I can do this & for it to end well for me whenever it all comes to light.
There are serious discrepancies in the work this person does & could potentially be harmful to the company.
Where do I stand on this? I'm aware of what is going on, I'm in a prime position to report back but I'm afraid I might lose my job even though I have been reassured I won't.
Any advice on what to do is greatly appreciated!

Uncle Ben

Advice-Cover your ass. Get the person who wants you to do this to instruct you in writing, and also to guarantee your job.When this reaches its finale good, bad or ugly however, it will be you that will be classed as the 'snitch'. I don't envy you, not a nice position to be in.

Procrastastudy

Chandler2013 wrote: »

I have been asked to take note of a directors movements, record conversations both in person & telephone, report on work undertaken etc.
Can I refuse to do this? This person is part owner of the company I work for so I'm not sure how I can do this & for it to end well for me whenever it all comes to light.
There are serious discrepancies in the work this person does & could potentially be harmful to the company.
Where do I stand on this? I'm aware of what is going on, I'm in a prime position to report back but I'm afraid I might lose my job even though I have been reassured I won't.
Any advice on what to do is greatly appreciated!

Is the director aware you will be recording conversations? I would politely decline to do this and see what your boss says. They may well back down.

Boombastic

Is it not illegal to record peoples conversations without their consent?


OP I would refuse to do what you are being asked to

boomshakalaka

Boombastic wrote: »

Is it not illegal to record peoples conversations without their consent?

I study Journalism and one of the first thing they teach you is, whenever you're conducting an interview of any kind and you are recording it, the person HAS TO consent to this. I do believe it is in fact illegal (unless you're part of law enforcement) to record without consent. Feel free to correct me though as I am not a hundred percent sure on the subject.

Concerning the task you have been given. You are in an awkward position as your boss has asked you to investigate your other boss. If I was you and there's no one better for the job and there is in fact things going on damaging the company and possibly your position/income/workload/whatever I would probably do it. Not without having papers to secure your position, though.
As some one said; have your boss sign a document where it's stated that you are doing this on HIS behalf and you are in no way accountable for consequences of his request.

Hope this helps and the best of luck

Procrastastudy

I don't think it's illegal per se. That said it's generally in admissible but there is latitude to admit it as an aide de memoire. There may be rights issues even in the employment sphere and, I would have thought, almost certainly in journalism.

Boombastic

Procrastastudy wrote: »

I don't think it's illegal per se. That said it's generally in admissible but there is latitude to admit it as an aide de memoire. There may be rights issues even in the employment sphere and, I would have thought, almost certainly in journalism.

breach of confidence? - Civil case


Would that apply?


PS - I always enjoy reading your posts, I learn a lot:)

boomshakalaka

Procrastastudy wrote: »

I don't think it's illegal per se. That said it's generally in admissible but there is latitude to admit it as an aide de memoire. There may be rights issues even in the employment sphere and, I would have thought, almost certainly in journalism.

Yes, see I didn't know if that was applicable outside journalism. But we can at least agree that it is bad form.

Boombastic

Ok I found this from a Barrister 17 years experience:


There is nothing in law which prevents a person recording their own conversations, even if this is done without consent of the other person to the conversation. In an employment situation, unless there are specific rules which relate to this issue and which prohibit it within the employer-employee and the employee-employee relationships, there is nothing in the general law which prohibits an employee secretly taping a conversation between that employee and their CEO.. In your scenario, the employee can secretly tape his/her conversation with the CEO unless there is a code for conduct within the organisation or something within the rules of employment which prohibit this conduct. Otherwise, disciplinary action taken as a result of this behaviour would be set aside. In particular, unless there was some specific employment rule which prohibited this conduct, then it would not constitute gross misconduct by the employee, which would give rise to dismissal.

Read more: Does the secret taping by an employee of a conversation between - JustAnswer http://www.justanswer.com/ireland-law/54ni8-does-secret-taping-employee-conversation.html#ixzz2JQ7DvL2h




So check your contract and get it in writing from the other director that your job will not be affected and you should not face disciplinary action. I'd still have my reservations about doing it though.

boomshakalaka

You are fantastic Boombastic (just thought I'd put that out there as it rhymes so nicely )

I would only do it if my personal position suffered as a consequence of the discrepancies. Otherwise I'd tell them to find another snitch.

Procrastastudy

Boombastic wrote: »

breach of confidence? - Civil case


Would that apply?


PS - I always enjoy reading your posts, I learn a lot:)

Thank you for your extremely kinds words. Just be aware I like to have a 'stab' and am wrong as often as I'm right! My ethos being;

i) don't take advice off the internet as 100% right
ii) two sides to most arguments

On the breach of confidence I'm afraid I simply don't know. I know that recordings of managers have been admitted it employment tribunal situations in Ireland and I'm lead to believe some courts have accepted them too, in both situations without consent.