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 get around the request by arguing that it is “disproportionate”.

It is worth remembering that an email system such as Microsoft Outlook is likely to be a relevant filing system for this purpose. The management practice of planning and sharing personnel decisions internally using email can sometimes provide a fertile source of evidence about the employer’s real intentions and the real timing of disciplinary decisions.

Any request for copies of emails should be as specific as possible, to overcome any objection that the request is disproportionate. Where possible it should identify clearly the names of senders and recipients with approximate dates.

This kind of step risks antagonising the employer, so members need to think carefully first, especially if there is still a realistic prospect of keeping the job at the end of the disciplinary process.