Data Subject Access Request


In the right circumstances, it can be a good idea to make a Data Subject Access Request under the Data Protection Act 1998. 


This is the right, on payment of a fee (which must be limited to £10) of a worker to access their own personal data, as long as this is held either on a computerised system or on paper and organised in a “relevant filing system”, in other words, a system that enables information to be retrieved quickly and easily. This includes data about an individual worker relating to issues such as performance management, discipline, grievances and individual sickness absence. 


Because the employer has 40 days in which to respond, any request should be made as early as possible in the disciplinary process. 


The request should be kept clear and simple, to avoid giving the employer the chance to avoid the request by arguing that it is “disproportionate”. 


It is worth remembering that an email system like Microsoft Outlook is likely to be a “relevant filing system” for this purpose. Where management have used email to plan and share personnel decisions internally, this can sometimes provide useful evidence about the reason for the dismissal and the timing of the decision to dismiss.