CNA Explains: Is secretly recording a workplace meeting allowed, and when can it get you into trouble?

A recent tribunal case involving a secretly recorded workplace meeting raises questions about when such recordings are allowed and when they can get you fired.

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29 Oct 2026 03:04PM

SINGAPORE: A managing director of a public relations firm who was sacked for secretly recording a meeting had her wrongful dismissal claim thrown out by the Employment Claims Tribunal (ECT).

The claimant - identified only as JJT in court documents - was meeting with the company’s president and chief human resources officer when the president noticed that JJT was recording the meeting on her phone without consent.

In a written judgment on Oct 23, the tribunal found that, in the circumstances of the case, JJT’s covert recording was “sufficient to destroy the trust and confidence” in the employment relationship.

But is it illegal to secretly record a conversation in Singapore? And even if it is not, could doing so get you fired or land you in other legal trouble? 

CNA asked lawyers and an employment expert about the rules and risks surrounding covert recordings.

Is it legal to secretly record a conversation in Singapore?

Recording someone without consent is not illegal in Singapore, said lawyer Chooi Jing Yen.

“We don’t have data privacy legislation which says that you can’t record things without people’s knowledge,” said the director of Chooi Jing Yen LLC.

"What we do have are common law protections, so your usual tortious acts or harassment. We have a harassment act, but I mean, nothing that directly says you cannot record a conversation." 

But the absence of a general prohibition does not give people an unrestricted right to record conversations.

Ms Amarjit Kaur, who heads Withers KhattarWong's Singapore employment team, said that while making a recording may not in itself constitute a criminal offence, an employee is not necessarily entitled to do so.

“The recording may breach the employment contract, an express workplace policy, duties of confidentiality, data protection requirements and/or the implied obligation of trust and confidence in the employment relationship," Ms Kaur said.

Beyond the legal considerations, a human resources expert said covert recordings should generally be discouraged in the workplace. 

Mr Alvin Aloysius Goh, chief executive officer of the Singapore Human Resources Institute (SHRI), said trust and confidence are at the heart of an employment relationship.

"If employees or managers begin to assume that conversations may be secretly recorded, people can become more guarded, which can undermine candid and constructive workplace conversations," he said. 

Can you be fired for secretly recording a workplace conversation?

The tribunal noted that there were no reported Singapore judgments directly addressing whether secretly recording a company meeting amounted to misconduct serious enough to justify immediate dismissal.

Whether a covert recording amounts to misconduct depends on the full circumstances of the case, Ms Kaur said.

“A covert recording may potentially justify disciplinary action and, in sufficiently serious cases, dismissal without notice,” she said.

The recent tribunal decision showed that the absence of an express policy prohibiting recordings is not necessarily decisive, Ms Kaur said. At the same time, not every covert recording would justify dismissal.

While the ruling gives employers support for treating secret recordings seriously, they should investigate the circumstances of each case and conduct a fair inquiry before deciding on a sanction, she added.

Ms Harjeet Kaur of Harjeet Kaur Chambers LLC said the nature of the conversation being recorded is also relevant.

“Ultimately, the more private, confidential or sensitive the workplace discussion, the greater the likelihood that a covert recording may be regarded as misconduct, even if the recording is not in itself unlawful,” she said.

What if you're secretly recording a conversation to protect yourself?

For employees facing workplace harassment, the Tripartite Alliance for Fair and Progressive Employment Practices advises retaining evidence of wrongdoing, which can include recordings.

Where an employee believes they need to preserve evidence of bullying, harassment, discrimination or other serious misconduct, employers should “look beyond the fact that a recording was made and understand why it was made”, said SHRI's Mr Goh.

“Where an employee says a recording was made to protect themselves, employers should examine both the appropriateness of the recording and the substance of the underlying allegation,” he added.

However, in such situations, an employer may still consider whether the employee has breached a workplace policy or duty of confidentiality, Ms Amarjit Kaur said.

Mr Chooi said that if an employee recorded misconduct in breach of contractual obligations, this could potentially give rise to claims by both sides.

There may nevertheless be grounds to argue that a covert recording was justified if, for example, an employee was being bullied behind closed doors and would otherwise have difficulty proving it, said Ms Harjeet Kaur.

Can secret recordings be used as evidence in court?

A covert recording is not necessarily inadmissible just because it was made without the knowledge or consent of the other participants, said Ms Amarjit Kaur.

Even if making the recording breached an employee's contract, that would not by itself make the recording inadmissible, Mr Chooi said.

“Under the Evidence Act, the central starting point is whether the evidence is relevant to a fact in issue,” Ms Amarjit Kaur said.

But admissibility and the weight given to the evidence are separate questions. A court or tribunal may consider whether the recording is “authentic, complete, reliable and presented in its proper context”, she added.

Even if the recording is admitted as evidence, the manner in which it was obtained may still have separate consequences.

“An employee could potentially rely on a recording as evidence while also facing a claim or disciplinary action concerning the way it was obtained, retained or disclosed,” she said.

Singapore courts and tribunals have previously treated covert recordings as admissible and given them significant weight.

In a recent case where a pregnant employee was wrongfully dismissed, a recording of a call with her boss was described by the tribunal as “the crucial piece pf evidence”.

Employees considering secretly recording a workplace conversation should weigh the evidential benefit of the recording against disciplinary risk, Ms Amarjit Kaur said.

What should you do if you want to record a workplace conversation? 

The safest approach is to get the other participants’ consent before recording a workplace conversation, said Mr Chooi, as that would forestall any arguments that the recording cannot be used or that a contract is breached.

If consent is refused, employees should not assume that they are entitled to record the conversation secretly, said Ms Amarjit Kaur.

Instead, Ms Harjeet Kaur advised employees to check their employment contract and handbook for any confidentiality or recording clauses.

“If you are unable to record, take contemporaneous notes and consider sending a follow-up email setting out what was discussed, and keep a copy of all emails and messages,” she said.

She also advised those who have already made a recording to seek legal advice if they are unsure about the consequences.

If an employee believes that a covert recording is genuinely necessary to protect their personal safety or preserve evidence of serious wrongdoing, they should consider obtaining legal advice first, Ms Amarjit Kaur said.

“Any recording should be limited to what is reasonably necessary, securely preserved, left unedited and not distributed more widely than required.”

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