We are in the midst of a disciplinary investigation which involves CCTV footage of the employee. The employee has been given numerous opportunities to review the footage but has requested a copy of the DVD. Do we need to give him a copy?

Posted in : First Tuesday Q&A NI on 7 May 2013
Emma-Jane Flannery
Arthur Cox

As long as the employee has the opportunity to review the information being relied upon by the Company in relation to any potential disciplinary issues so as to enable him to respond fully to the allegations against him, he is not in any way being prejudiced within the disciplinary process.

However, if he makes a subject access request under the Data Protection Act 1998, he will be entitled to a copy of the footage. He will also have to submit the usual £10 fee and the Company will then have 40 days to respond to the request.

The CCTV Code of Practice 2008 provides guidelines for employers on

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery