askST Jobs: Is it illegal to secretly record my performance appraisal meeting with my boss?

In this series, business correspondent Timothy Goh offers practical answers to candid questions on navigating workplace challenges and getting ahead in your career. Get more tips by signing up to The Straits Times’ Headstart newsletter.

Q: What are the legal and workplace implications of recording a conversation with your boss without his or her knowledge?

Appraisal discussions can be sensitive, especially when they involve performance concerns, salary increments, promotions or career progression.

Covert recording can affect the trust between employees and their manager, particularly if it is discovered later, and it may also go against company policies or confidentiality obligations, said Jayanthi Arun, a certified senior professional at the Institute for Human Resource Professionals.

Employees should first raise their concerns through the proper channels, such as their reporting manager or the human resources department, and give the organisation an opportunity to address them.

Covert recording should not be the first course of action, even when an employee feels unheard, because bosses also have a legitimate expectation that confidential workplace discussions are treated with discretion and professionalism.

“Rather than recording without the other person’s knowledge, employees should consider asking for permission to record the meeting... If asking feels difficult, they can take notes or e-mail their manager on the same day to confirm the key points,” said Jayanthi.

“Employees should feel comfortable asking questions and seeking clarification without fearing that their concerns will be dismissed.”

Amarjit Kaur, head of employment law at Withers KhattarWong, said there is no general law in Singapore that automatically makes it unlawful for employees to secretly record conversations they are participating in.

But this does not necessarily mean employees have the right to covertly record their appraisal meetings, which may involve confidential or sensitive information about themselves, their colleagues or the business.

“A covert recording could therefore breach the employee’s employment contract, company policies, confidentiality obligations, or the trust and confidence expected in the employment relationship,” she said.

Kaur added that a safer approach would be to ask for permission to record the appraisal meeting.

If permission is refused, employees could instead take notes during the meeting or send a factual follow-up e-mail documenting what was discussed.

A covert recording could amount to misconduct and, in sufficiently serious circumstances, justify dismissal without notice, she said.

Kaur cited a case in which a tribunal upheld the dismissal without notice of a managing director who had secretly recorded an internal management meeting.

The employer was a public relations firm that handled confidential client information, and the tribunal accepted that the covert recording was capable, in the circumstances, of destroying the trust and confidence necessary for the employment relationship.

Whether secretly recording an appraisal meeting would similarly justify dismissal depends on several factors, including the employee’s reasons for recording, the employee’s seniority, what was discussed, and the employer’s policies and confidentiality requirements.

It would also depend on whether the recording was retained, shared or misused.

“An employer considering dismissal for misconduct should conduct a proper inquiry and give the employee an opportunity to explain their actions before deciding on the appropriate sanction,” Kaur said.

Timothy Goh is a business correspondent at The Straits Times. He covers commodities and currencies, with occasional forays into listed companies.