Ask my employer Write my request

Asking for your data before or after a disciplinary

If you're facing a disciplinary, the evidence against you is usually your data. You can ask for it, as well as what the process itself should give you.

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
Write my request

Related guides

Why parts of your reply are blacked outUsing a data request in a dispute with your employerAsking for your data during a grievance

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.