This overview is only interesting for the EAT decision holding that covert recordings of confidential discussions may be admissable. In principle, every relevant evidence is admissable (in the Employment Law jurisdiction), but has to be balanced against the public policy interest in protecting the confidentiality of private deliberations of grievance/ disciplinary panels. Here, the comments did not relate to the decisions that the respective panels were required to make, so they could not form part of the panels’ deliberations. The recordings would therefore be heard at the tribunal hearing.
This is similar to the general approach by the NZ Employment Relations Authority.