Harassment: an unauthorised recording is admissible in court

The French Supreme Court confirmed on 10 June 2026 that a voice recording made without the other person’s knowledge could be admissible as evidence of the harassed employee’s good faith.

In this case, a manager complained that she was being bullied by one of her team members who was also a staff representative. The employer accused the manager of making false allegations and dismissed her. The manager challenged her dismissal and was allowed to prove that her complaint had been made in good faith by producing a recording of her conversations with her team member.

The court considered that although the recording had been made without the person’s knowledge and authorisation, it was admissible as it was the only way for the plaintiff to make her defence.

Advice for HR

Assume that all conversation could be recorded and potentially produced in court. Do not automatically refuse to listen to such recordings during internal investigations.