Subject Access Request (DSAR) vs Employment Tribunal Disclosure Order
Comparing the Data Subject Access Request (UK GDPR Article 15) with a formal disclosure order in Employment Tribunal proceedings — two routes to obtaining documents held by an employer.
Overview
Employees in dispute with their employer often need access to documents held by the employer — emails, HR notes, disciplinary records, and personnel files. Two legal routes are available: a Data Subject Access Request (DSAR) under UK GDPR Article 15, and a disclosure order in Employment Tribunal proceedings under Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Rule 31. The DSAR is broader in one sense (personal data across all systems) but narrower in another (limited to the requestor's personal data; not all documents relevant to a legal dispute). An ET disclosure order is targeted at documents relevant to the issues in the proceedings, regardless of whether they contain the claimant's personal data. Understanding which route to use — and when to use both — is an important tactical decision in employment litigation.
Side-by-Side Comparison
Data Subject Access Request (DSAR) — UK GDPR Art 15
Pros
- Free — data controllers may not charge unless the request is manifestly unfounded or excessive
- Wide scope — personal data across email systems, HR systems, paper files, managers' notes, and communications platforms
- 1-month response deadline (extendable by 2 months for complex requests) — UK GDPR Art 12(3)
- Available pre-tribunal — can be used before commencing ACAS Early Conciliation to gather evidence
Cons
- Limited to the employee's personal data — does not cover non-personal business documents relevant to the dispute
- Employer may apply exemptions (legal privilege, third-party data, HR management exemption under DPA 2018 Sch 2 para 14)
- Remedies for non-compliance are through the ICO or court (Data Protection Act 2018 s.167) — not the ET
- Employers sometimes respond with heavily redacted or incomplete data — enforcement is slow
Best For
Pre-litigation intelligence gathering; identifying what records the employer holds; uncovering undisclosed emails and HR notes that may be suppressed in formal ET disclosure.
Employment Tribunal Disclosure Order (Rule 31)
Pros
- Broader than DSAR — covers all documents relevant to the case, not just personal data
- Backed by contempt of court — failure to comply is a serious matter for the employer
- Can be combined with an 'unless order' — non-compliance leads to strike-out of the employer's defence
- Targeted to the specific issues identified in the ET proceedings
Cons
- Only available once ET proceedings are issued — cannot be used before claim is lodged
- Requires a tribunal application (Rule 31) and a hearing — takes weeks or months to obtain
- ET has discretion — will refuse orders that are disproportionate or fishing expeditions
- Employer can resist on grounds of relevance, privilege, or proportionality
Best For
Obtaining specific categories of document during live ET proceedings — particularly where the employer has provided incomplete DSAR responses or where the documents sought are business records not containing the claimant's personal data.
Key Differences
Our Recommendation
Use both routes in combination. Serve a DSAR as early as possible — ideally before or at the time of lodging an ACAS Early Conciliation notification — to capture the full scope of personal data before the employer knows litigation is imminent. Then, once ET proceedings are issued, apply for a disclosure order under Rule 31 for business documents and non-personal records that were not captured by the DSAR.