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
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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