Reject call audio recording

Questioner

After five years of crappy contracts, I finally got a permanent contract after much insistence. That's great, you might say. However, my employer decided that I have to submit to a so-called 'improvement process'. I have since delved into the matter. We have had 1 conversation and I have come to the conclusion that they are just doing whatever they want. This gives me the feeling that they think they have found a legally valid method to get rid of me after all. If that were the case, I would not accept that of course. But given the meager, one-sided reporting, I do not think the report is at all representative of the conversation that took place. So I would like to make a recording. Can I refuse a conversation if my employer does not want me to make an audio recording?

Lawyer

Refusing to have a conversation with your employer is not prohibited, but since this is an improvement process, it is questionable whether this is wise. You may propose to record the conversation, but your employer could refuse. There is therefore no right to make a recording. If you were to secretly record the conversation, that would not be very nice, but strictly speaking it is not punishable as long as you participate in the conversation yourself. Otherwise you are listening in and that is not allowed. It is often argued that secretly recording a conversation in which someone is participating is unlawful. If you do not agree with the report, it is wise to respond to it (by e-mail or in writing). In this way, you also build up a file on your part. This could be useful if the employer (later) unexpectedly starts a procedure or something similar. In general, an improvement process must be realistic (in terms of duration but also in terms of objectives).