Many employees are unaware that they may have the legal right to request access to personal information their employer holds about them.
This can include certain emails, internal communications, performance records and messages exchanged between managers.
Whether you are involved in a workplace dispute, facing disciplinary action or simply want to understand what information your employer holds, a Subject Access Request (SAR) can be a useful legal tool.
However, the right to access personal information is not unlimited, and employers are not necessarily required to disclose every document requested.
Understanding how Subject Access Requests work can help both employees and employers manage their rights and responsibilities effectively.
What Is a Subject Access Request?
A Subject Access Request is a request made by an individual to obtain access to their personal data held by an organisation.
Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, individuals have the right to access personal information held about them, subject to certain exemptions.
For employees, this may include information contained within workplace records, correspondence and internal communications.
A Subject Access Request does not necessarily have to be submitted using a formal application form. It can be made verbally or in writing, provided the request makes clear that the individual is seeking access to their personal information.
Can Employees Request Emails Between Managers?
In certain circumstances, yes.
If emails exchanged between managers contain personal information relating to an identifiable employee, that information may fall within the scope of a Subject Access Request.
For example, an employee may be entitled to receive personal data contained in communications discussing:
- Their performance or conduct.
- A disciplinary investigation.
- Workplace complaints or grievances.
- Decisions affecting their employment.
- Their attendance or employment history.
However, employers are not automatically required to disclose entire emails or every internal document.
Information relating to other individuals may need to be removed, and certain information may be protected by legal professional privilege or another applicable exemption.
Each request must therefore be assessed carefully.
Can Employees Request WhatsApp or Microsoft Teams Messages?
Workplace communication increasingly takes place through instant messaging platforms rather than traditional email.
Messages sent through Microsoft Teams, WhatsApp or other communication systems may contain personal data that falls within the scope of a Subject Access Request.
For example, if managers discuss an employee’s performance through a work-related messaging group, some of that information may need to be considered when responding to a request.
The fact that information is stored on a messaging application does not automatically place it outside data protection legislation.
Employers should therefore consider how workplace communications are stored, retained and accessed.
How Long Does an Employer Have to Respond?
Employers are generally required to respond to a valid Subject Access Request without undue delay and within one month.
In certain circumstances, this period may be extended by up to two additional months where the request is complex or the individual has made several requests.
Employers must explain any extension within the initial response period.
Requests are normally free of charge, although limited exceptions apply.
Failing to respond appropriately may result in complaints to the Information Commissioner’s Office (ICO) and potentially further legal consequences.
Can an Employer Refuse a Subject Access Request?
An employer cannot simply refuse a request because the information may be embarrassing, inconvenient or relevant to an employment dispute.
However, the law recognises several circumstances in which information may be withheld.
These include certain legally privileged communications, information relating to third parties and other statutory exemptions.
Employers may also refuse requests that meet the legal test for being manifestly unfounded or excessive.
Any refusal must be properly justified.
Why Subject Access Requests Matter in Employment Disputes
Subject Access Requests can become particularly important where an employee believes they have been treated unfairly.
Information obtained through a request may help an individual understand how employment decisions were made.
However, a Subject Access Request is not a substitute for employment tribunal disclosure procedures.
Employees should also remember that making a request does not extend employment tribunal deadlines.
Where a dispute is ongoing, obtaining legal advice promptly is important.
How Penerley Solicitors Can Help
At Penerley Solicitors, we advise employers and employees on employment law disputes and workplace legal obligations.
Whether you are concerned about how your personal information has been handled or your business needs guidance on responding to an employee’s request, our team can help you understand the relevant legal requirements.
We provide practical, commercially focused advice designed to protect your rights and minimise unnecessary disputes.
Contact Penerley Solicitors today to discuss your employment law concerns and obtain legal advice tailored to your circumstances.
