Get evidence for your employment tribunal

If you’ve become involved in an employment tribunal, you can send a subject access request to the organisation with which you’re in dispute and use your evidence to increase your chances of a successful resolution.

How do I find out what information they have about me?

The easiest way to find out what they know about you is by sending a ‘subject access request’ through Rightly. A subject access request allows you to see any personal information an organisation has stored about you.

You can:

  • see what information they have stored about you
  • understand why certain decisions were made about you
  • make sure that your data is being handled properly

When you know what an organisation has recorded about you and what they’re using, you can take action, like telling them to delete it if you want them to.

You can search on our main subject access request page. And of course our customer support team is ready to help!

Why should I gather evidence for my employment tribunal?

You should gather evidence for your tribunal to make sure that you're in the best possible position to make your case. And, even before the tribunal itself, your employers are much more likely to take your negotiation seriously if you:

  • can provide them with evidence that supports your case
  • can provide evidence that could be used against them in the employment tribunal

This is because your evidence may show that you present a risk to your former employer in terms of compensation, legal costs and their reputation.

You're entitled to all of the personal data that any organisation has stored about you within 30 days of the request.

What information will I get back?

Within 30 days, you'll receive:

  • employment records
  • internal communications from HR
  • evaluations
  • other material that might help

Your employer should also provide every document they have on you except for:

  • documents including information about other people (they can redact names)
  • documents containing legal advice made to the company
  • information that’s 'disproportionate'

Some common questions

How do I send a subject access request (SAR)?

The easiest way to find out where your information is by sending a request through Rightly:

  • Search for any company
  • Enter your basic details so that they can confirm your identity
  • Check your email and send your request

What can you expect after you send your request?

Your request simply connects you to all of the companies you select. They’ll link you to their own forms and processes for you to complete. Only your name and email address is required to send these requests, but companies will likely ask you for more information to make sure you're you.

They should confirm what personal information of yours they have within 30 days.

So I don't need a subject access request template?

No - they tend to be of varying quality and take a lot of effort. That's why we made Rightly, so that things can be as safe and time-effective as possible for you to have more control over your data.

How long until a company responds to my request?

After the company has received your request, they have to reply in full within 30 days, or give a valid reason for asking for an extension. However, we're glad to say that most companies normally reply within a week.

Responses from companies are likely to come directly into your inbox.

If you have any questions, or have any difficulty at all with how companies respond, our friendly support team is here to help!

What if they don't reply?

They have to reply by law. You can ask any company if they have your personal data, even if you don't know for sure whether or not they have it. They have to tell you what they have, as well as how and why they are using it. This is thanks to your ‘right of access’ under GDPR law.

How long can a company store my data for?

There is no specific time limit on how long a company can hold your personal data. Under GDPR, your information should simply not be kept for any longer than necessary.

While a company should be able to justify the length of time that your data is stored, whether or not this is acceptable depends on what the data was collected for in the first place.

For instance, a company can keep hold of employment contract data for a total of 6 years since this is the window of time in which a contract breach claim could be made.

However, when it comes to job applicant CVs for example, these can only be stored for a maximum of 6 months, based on this being the length of time in which a candidate could file a discrimination claim.