Q&As

Where the employer asserts that CCTV footage shows evidence of an employee’s actions that would justify his dismissal, can the employee require the employer to provide them with a copy of that CCTV footage, for the purposes of deciding whether to bring a claim for wrongful dismissal against the employer?

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Published on LexisPSL on 25/04/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where the employer asserts that CCTV footage shows evidence of an employee’s actions that would justify his dismissal, can the employee require the employer to provide them with a copy of that CCTV footage, for the purposes of deciding whether to bring a claim for wrongful dismissal against the employer?
  • Disclosure
  • Right of access

Where the employer asserts that CCTV footage shows evidence of an employee’s actions that would justify his dismissal, can the employee require the employer to provide them with a copy of that CCTV footage, for the purposes of deciding whether to bring a claim for wrongful dismissal against the employer?

There is no stand-alone right for an employee to require the employer to produce evidence that the employee may find useful in establishing grounds for a claim for wrongful dismissal.

However, the employee’s adviser may wish to consider:

  1. the disclosure obligations of parties to employment tribunal proceedings

  2. the right to request access to personal data

Disclosure

In relation to employment tribunal proceedings, the employment tribunal has the power to order the parties (or other persons) to:

  1. disclose documents or information to a party to proceedings (by providing copies or otherwise), or

  2. allow a party to inspect such material

The tribunal may order ‘standard disclosure’, of:

  1. the documents or information on which a

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