Covert recording of gym member led to fair dismissal for maintenance manager
A maintenance manager who secretly recorded a gym member and shared the audio on WhatsApp was fairly dismissed for gross misconduct. The tribunal also rejected his race discrimination claim.
1 min read · Last updated 18 May 2026
Case details
- #covert-recording
- #race-discrimination
- #gross-misconduct
- #breach-of-policy
- #managerial-role
Key facts
- The claimant made a covert recording of a conversation with a gym member in the changing room on 1 May 2021.
- The claimant shared the recording on a WhatsApp group of UK managers.
- The claimant admitted making and sharing the recording during the disciplinary process.
- The dismissing officer, Mr Spies, decided to dismiss the claimant for gross misconduct.
- The claimant had 8.5 years' service and was a maintenance manager.
- The claimant's race discrimination claim was based on a comment made by Mr Delande in September 2019.
Timeline
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Employment started
The claimant started working for the respondent as a maintenance manager.
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Half-caste comment
Mr Delande referred to the claimant as 'half-caste' but apologised after the claimant explained it was offensive.
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Final written warning
The claimant received a final written warning for taking a bag from lost property and giving false information.
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Covert recording incident
The claimant covertly recorded a conversation with a gym member and shared it on a WhatsApp group of UK managers.
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Investigatory meeting
Mr Delande held an investigatory meeting with the claimant, who admitted making and sharing the recording.
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Disciplinary hearing
Mr Spies held a disciplinary hearing; the claimant admitted the misconduct.
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Dismissal
The claimant was dismissed for gross misconduct.
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Appeal lodged
The claimant appealed against his dismissal.
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Appeal outcome
Ms Zweibel upheld the dismissal.
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Claim presented
The claimant presented his claim to the employment tribunal.
The legal issue
The tribunal had to decide whether the dismissal for covertly recording a gym member and sharing the recording was unfair, and whether the dismissal amounted to direct race discrimination based on a comment made 20 months earlier.
The outcome
The tribunal dismissed both claims.
- The dismissal was fair: the employer had a genuine belief in the misconduct, based on reasonable grounds after a reasonable investigation. The decision to dismiss was within the range of reasonable responses.
- The race discrimination claim failed because the tribunal found no evidence that the claimant was treated less favourably because of race. The 'half-caste' comment was a one-off, apologised for, and not linked to the dismissal.
No compensation was awarded.
Lessons & takeaways
- Covertly recording conversations at work, even if you feel justified, is likely to be treated as gross misconduct.
- Sharing confidential recordings with colleagues can worsen the situation and make dismissal more likely.
- A single offensive comment, if promptly apologised for and not repeated, may not support a race discrimination claim unless it is linked to a detriment.
- Admitting the misconduct during the disciplinary process does not automatically make dismissal unfair if the employer follows a fair procedure.
What this case shows
This case illustrates how employment tribunals assess the fairness of a dismissal when an employee admits to serious misconduct. The claimant, a maintenance manager with 8.5 years' service, covertly recorded a conversation with a gym member in the changing room and shared the audio on a WhatsApp group of managers. He admitted making and sharing the recording during the disciplinary process.
The tribunal accepted that the employer genuinely believed the claimant had committed gross misconduct. The investigation was reasonable, and the dismissing officer considered the claimant's long service but concluded that the breach of trust was too serious to retain him. The appeal was also properly handled.
What could have been done differently
The claimant argued that the decision was prejudged and that a comment made 20 months earlier by another manager (calling him 'half-caste') showed racial bias. However, the tribunal found no link between that comment and the dismissal. The comment had been apologised for and was not repeated. The claimant also suggested there was a plan to replace him, but the tribunal found no evidence of this.
For employees, this case is a reminder that covert recording of colleagues or customers is almost always a serious disciplinary matter. Even if you feel you have a good reason, it is risky. For employers, the case confirms that a fair process—investigation, hearing, appeal—can protect a dismissal decision even when the employee admits the conduct.
Why the result matters
The tribunal's decision reinforces that honesty during a disciplinary process does not guarantee a lesser sanction. Admitting misconduct can be a mitigating factor, but it does not make the dismissal unfair if the employer reasonably decides that the conduct is fundamentally incompatible with continued employment. The case also shows that race discrimination claims based on a single, historic comment are unlikely to succeed unless there is a clear connection to the dismissal decision.
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