Can I ask to see the investigatory evidence? Relates to workplace grievance that found in my favour

[feelingvindicated]

Good morning,

I submitted a grievance against my employer and I have just found out that the investigation has concluded and has found in my favour.

Can anyone advise if I am able to obtain the documents/written evidence pertaining to the investigation?

Whether it be through the freedom of information act or data protection act etc?

I'll ask my acas case officer but just thought I would ask on here as plenty of knowledgable people around.

Thank you

You can make a Data Subject Access Request about the investigation. That should result in some, but not all disclosure. It's easy to do, a simple email saying you are making a Data Subject Access Request about the investigation. They have to respond by law. I'd address it to you HR Team.

Freedom of Information is not relevant. It only applies to public bodies, not to private employers. Even if you are employed by a public body, information about an investigation is exempt.

You could, as the previous poster says, make a subject access request. However, that will only give you information your employer holds about you. If the investigation relates to someone else, the information you want may not be included.

It is considered good practice to give a copy of any written evidence to an employee who raises a grievance. However, this requires the consent of the witness giving evidence and, even then, it may not be possible to share the evidence if it contains information relating to another person.