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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49795
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If I am asked to attend a disciplinary hearing, can I ask

Customer Question

If I am asked to attend a disciplinary hearing, can I ask for a copy of all paperwork my employer has gathered from other agencies including internally? My lawyer requested a character reference from my manager. She was advised not to provide this yet
she was expected to do so for my employer, is this not unfair?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello does a character reference already exist? Or are you asking the manager to create one specifically for the disciplinary?
Customer: replied 2 years ago.
It doesn't exist in as much detail as was requested however there is one
Expert:  Ben Jones replied 2 years ago.
If you are facing a disciplinary then the employer would generally be required to provide any relevant evidence which they are planning on using at the disciplinary. So this would only include documents and evidence relevant to the allegations. If you require additional documentation, which is not directly relevant to the allegations, then you could consider making a subject access request to gather that. Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR). If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:· Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';· Provide details of the data you are requesting copies of;· Your main personal details - full name, date of birth and address;· Any information you believe the organisation will require to find your information. The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days. Particular care must be taken by the data controller not to disclose any non-relevant personal data (i.e. data that belongs to another individual) or other confidential information. Therefore, when responding to your request, they may remove data or be selective in what they supply, so long as this is justifiable. In addition, there is certain data that is exempt from discourse and that includes personal data held for personal, family or household affairs, confidential references given by the data controller for employment and personal data subject to legal privilege. However, please note that there is nothing stopping the employer from proceeding with the disciplinary in the meantime, even if you have not yet received the relevant document you are after. As mentioned above they have 40 days by law to respond to your request and in the meantime they could still go ahead with the disciplinary if necessary. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you