OD FLASH | Anonymous clandestine recordings: the Court of Cassation confirms their exclusion from proceedings

In a decision dated November 19, 2025, the Court of Cassation confirmed the rejection of evidence based on clandestine recordings whose author was not identified, depriving the employer of the key element justifying two dismissals for serious misconduct.

Court of Cassation, Civil Division, Social Chamber, November 19, 2025, 24-16.313 24-16.314, Unpublished – Légifrance

Two employees challenged their dismissal for serious misconduct, the grounds for which were proven by a bailiff’s report of audio recordings transmitted by an anonymous employee. The Riom court of appeal had dismissed this evidence, considering that the lack of identification made it impossible to verify the conditions under which the recordings were made, to identify the speakers, and to weigh evidentiary rights against the rights of the parties involved.

The Court of Cassation upheld this analysis, noting that anonymized evidence can only be admitted if the judge has sufficient information to assess its credibility and relevance. Unlike other recent decisions (Cass. soc., March 19, 2025, No. 23-19.154), where, before any anonymization was carried out, the identity of the witnesses was known to the authority that had taken the testimony, in this case no evidence allowed to corroborate the origin or authenticity of the recordings presented to the bailiff who had drawn up the report. The Court thus confirmed that the Riom court of appeal had correctly considered that, under these circumstances, the judge could not perform a proportionality test of evidentiary rights against respect for fundamental rights. The recordings therefore had to be excluded from the proceedings.