Is there any obligation on an employer to agree to a request from an employee that his or her disciplinary or grievance hearing be tape recorded?

Unless the employer's disciplinary or grievance procedure sets out a right for employees to tape record hearings (and such a provision is not common) there is no obligation on it to agree to a request from an employee that his or her disciplinary or grievance hearing be tape recorded. The employee has a statutory right to be accompanied at a disciplinary or grievance hearing and the employer can remind the employee that the companion, or indeed the employee, is free to take notes at the hearing to record what takes place. It is good practice for the employer to arrange for notes to be taken at the hearing and a copy of those notes can also be provided to the employee.

The employer should consider whether or not it may be a reasonable adjustment to allow a disabled employee to record a hearing, for example if he or she is unable to take notes and does not wish to rely on notes taken by someone else.