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NDR / Claims, court and footage / Leavers and staff conduct matters

HR teams across Nottinghamshire · evidence off work devices

Workplace investigations, Nottingham. Nobody watches the files leave; the machine writes it down regardless.

Image the computer as it is when the last user hands it back, before your IT team does anything with it: this is where evidence preservation starts, and it is the least expensive of all the stages. If the laptop came back in good order, it may still be worth working through. Windows keeps its own records; sync client applications keep their own records too; a clean-up doesn't change that. An employee could have set up a silent rule that copies every email coming into their account to their personal email address, for example. Or used a memory stick for the very first time on a Friday evening. Or deleted all the downloads off the laptop on the morning of an exit interview. So the computer is taken out of use, a forensic image is made of everything on it, and what is found is documented for both the HR panel and the solicitor. The cost starts at £800 + VAT and is agreed in writing before any work is undertaken.

Reports that meet CPR Part 35 Chain of custody written down as it happens Independent work, kept confidential

An engineer will talk it through with you, in confidence
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What the machine recorded without being asked.

The record Windows keeps of USBPortable storage devices such as memory sticks and disk drives are logged by Windows as they go in, with their serial numbers and how long each stayed connected. A memory stick first seen on a Sunday evening, several days before an employee resigns, needs an explanation.
Webmail, and the sync clientsMost traces remain on the computer whichever service was used, such as OneDrive, Dropbox, Google Drive or webmail in a browser tab. Whichever it was, there are likely to be sync databases, cached tokens, history and partly completed uploads. Almost everything remains intact even when someone logs off and cleans up.
Wiping tools, and mass deletionDestroying evidence generally creates more evidence than it destroys. The tool name is left behind; so is the time it was run; and so (often the deciding factor) is everything it did not reach.
The sequence is what proves itEach of these has an innocent explanation that can be offered on its own, but set against the clock (files collected, stick inserted, upload done, wiper run), coincidence becomes an unlikely explanation.

The lawful basis comes before the disk.

Something else? Say what it does →
What it depends onWhat is required of youHow the bench works to it
UK GDPR, with the Data Protection Act 2018Owning the computer is not a lawful basis. Choose one (generally legitimate interests), write down the balancing test, and do it before work startsThe examination is limited to the allegation you gave us, and will not go wider
ICO guidance on monitoring staff at workTransparency comes first, and where the risk is high a DPIA is expected. The ICO is reconsidering this guidance in the wake of the Data (Use and Access) Act 2025Your policies are reviewed before the disk is, and if a DPIA is required, we say so
A covert examinationExceptional circumstances only (suspected crime or gross misconduct), and a senior manager must sign off the decisionNo imaging, and no files opened, until that signed-off authority exists in writing
The Acas standardFairness and proportionality in the investigation are what any disciplinary outcome has to rest onFindings are reported as found, whichever side they happen to assist
How a tribunal weighs itThe method that produced the evidence decides what the evidence is worthA continuity log that supports your case rather than giving the other side an advantage
Getting it here: first of all you need to get a quote, either by phone (0115 8220606) or through the online form. Once you have your quote, send it to our intake lab by tracked, insured post: Manchester Data Recovery, Peter House, Oxford Street, Manchester M1 5AN. Alternatively, you can drop it in there Monday to Friday, 9am to 5:30pm, without booking an appointment. Postage to return your data once recovered is paid for by us. If you are unsure what should go in the box and what should stay at home, contact us before sealing it and one of our engineers will walk you through exactly what needs to be sent and what can be left behind. All other details on packing and postage can be found in our packing and postage guide.

The order we work in.

More jobs like this one →
01

Tell us what has happened, in confidence — a written figure follows Free

Forensic costs start at £800 + VAT depending on the scope of the job, as identified on your first call to us: what time frame and specific dates are in dispute? What equipment or accounts are involved? What evidence is needed? Your first call to us is free. Nothing is charged until you have our quote in writing.

The first call stays confidentialOne figure, fixed and written downThe questions the evidence has to answer
02

Get the machine out of use

Generally speaking, most of what will be lost will have been lost by two weeks, and very few of these losses will be intentional. The laptop is rebuilt for the new employee. The hard drive goes into a cupboard full of spare parts. A manager takes a quiet look around. Take the evidential image as early as possible (behind a blocker) so it arrives before any of those three.

The image taken firstAhead of anybody else handling it
03

Every way the files could leave

After that, the image carries the work, and no one touches the original again. Each removable drive is identified separately, with the time it went in and how long it stayed. Uploads to a personal cloud storage account go on the list, as do webmail attachments, deletions and any sign that a wiping tool was used. All of it goes on one timeline.

All the exit routes checkedDeletions with times against them
04

Written for whoever has to read it

This report is usually read by an HR panel, a tribunal or a solicitor, so it is aimed at them, not at an engineer. We measure what we do against the ICO's guidance on monitoring, and against the fair, proportionate investigation Acas looks for. There is no need to alter the document should police become involved at a later date.

Written up for the bundleInside ICO and Acas boundaries
05

The bundle, the hashes and the handover log

If you give another party a result they can't verify themselves, then you have given them grounds for argument. So the bundle contains all the information: exhibit numbers, hash values, dated handovers (signed at both ends), the image each conclusion came from, and the notes taken while working at the bench. Run it again and you get the same answer.

Each finding traced to its exhibitHashes recorded, and every move loggedRepeatable, step by step

What turns up on recorder disks

  • Ordinary IT does more damage than any concealment: once the laptop is handed to the next new arrival, the previous build, which held all the evidence, goes with it.
  • Findings cannot be edited: tribunals recognise a report an employer has pushed around, and at that stage the money spent has done absolutely nothing. You get what was written.
  • Go carefully with trade-press percentages: figures for how many people leaving a job take documents with them begin at around a third and rise substantially, and where a figure lands often depends on who paid for the survey. The behaviour itself is real. The decimal places are marketing.
  • An employee's own device is a different question: before anyone accesses it, there must be either the person's consent or a valid legal basis. Ask about it during the first call rather than halfway through.

The one figure we will stand behind: in 2013, Symantec and the Ponemon Institute reported that roughly half of people who had recently changed employer admitted taking confidential material from the job they left. Almost everything published since has come from companies with something to sell, and none of the numbers agree. What we see is duller. An employer who telephones able to name what they think went, rather than merely uneasy, is usually proved right by the artefacts.

One of these, from start to finish.

NG · NTG-2026-1689ON THE LOG ✓

Twenty days of uploads, then the resignation letter

Company property, so there was no issue authorising the examination. The evidence on the computer, in sequence, was: a folder made; a personal cloud account accessed from a web browser; the upload completed. Twenty days later the resignation letter arrived. All the Leicester employer had started with was a competitor's pitch deck. It closed on undertakings.

Concluded once undertakings were in placeThe run of events written up inside 7 days

What helps, and what does damage.

Worth doing first

  • Power it down and move it into access-controlled storage
  • Leave the mailbox and the cloud accounts open: shutting them destroys evidence
  • Check what staff were really told by the acceptable-use policy
  • Nothing covert without a director authorising it in writing

What makes it harder

  • Handing the machine to the next starter
  • Having a look through the folders first
  • Putting it to the employee before anybody has secured the machine
  • Monitoring covertly with no written justification behind it

What gets asked before posting.

The laptop belongs to us. Can we search it?

Ownership on its own does not mean very much. Two other things need to be present. First, a lawful basis. Second, employees informed beforehand that work machines can be examined, which is the whole purpose of an acceptable-use policy. If nothing was said in advance, the argument comes later. Examining a device without telling the person using it is kept for suspected crime or gross misconduct, and needs approval from senior management.

Are we allowed to monitor somebody covertly?

Rarely, and never as a matter of routine. Under the ICO's guidance on monitoring workers, covert monitoring is kept for exceptional circumstances only, such as suspected crime or gross misconduct. Even then, the guidance expects authorisation from senior management, a documented DPIA, a narrow scope, and the reasoning written down. That guidance is being reconsidered in the wake of the Data (Use and Access) Act 2025.

A leaver may have taken files. Where does it start?

Preservation, above anything else. Turn the machine off and put it into access-controlled storage. Do not shut down the mailbox or the cloud accounts: keep them active. Do not open any folder until the forensic image has been created, as even a well-meant look round will alter the timestamps showing files being removed.

What will a tribunal make of it?

Not just what was at the end of the route, but how you got there, matters. Take that route apart and the damaging findings lose most of their power. A screenshot is worth something only if a lawful reason existed for the search, if the search stayed within the boundaries of the original suspicion, and if each step of the handling was recorded on a log.

Power the recorder down before the loop reaches your clip.

Remove power from the DVR before you do anything else: as long as it is powered, it keeps writing, and the oldest footage goes first. Then get a quote and post the disk in. The first look is free. CCTV and DVR work is £400 + VAT, quoted in writing before any work starts, and anything recovered from the disk goes no further than our bench.

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