Ask through both routes
The Acas Code of Practice on disciplinary and grievance procedures says employers should normally give you copies of the written evidence, including witness statements, with the letter inviting you to the hearing. A data request takes up to a month, so it often won't arrive before the hearing. Ask for the evidence through the disciplinary process too.
What to ask for
- The investigation report and investigation meeting notes
- Witness statements about you
- The evidence relied on, such as emails, CCTV, system logs or monitoring data
- Notes of the hearing and the outcome letter
- Emails and messages between managers and HR about the case
What can be held back
- Other people's details, such as witnesses, unless it's reasonable to share them.
- Communications between your employer and its lawyers are covered by legal privilege and don't have to be disclosed.
- If the police are involved, data can be held back where sharing it would harm a criminal investigation.
If you're dismissed
Watch the deadline
Most employment tribunal claims must be started within three months less one day of what happened, and you have to contact Acas for early conciliation first. A subject access request does not pause that deadline.
What to put in your request
- The investigation report
- Witness statements
- The evidence relied on, including CCTV or monitoring data
- Hearing notes and outcome
- Emails between managers and HR about the case
Related guides
Sources: UK GDPR Article 15; Data Protection Act 2018, Schedule 2; Data (Use and Access) Act 2025; Acas Code of Practice on disciplinary and grievance procedures; ICO guidance on the right of access. Last reviewed 7 October 2026. General information about UK data protection law, not legal advice. If you're in a dispute with your employer, speak to a solicitor, your union or Acas.