One statute is the Fair Labor Standards Act of 1938, 29 U.S.C. This is the period of time during which a discrimination claim could be brought against your organisation. Employers must consider what a necessary retention period is for them, depending on the type of record. HR records can be stored in hardcopy or electronically but it’s important for organisations to keep the information in a well-organised system so that it can be easily retrieved and managed. Data relating to PAYE, maternity pay or SMP (statutory mandatory pay) need only be kept for 3 years after an employee leaves your company, as that is how long the HMRC may be interested in the information for conducting reviews or audits. Recruitment application forms and interview notes (for unsuccessful candidates) Under the GDPR, the condition for processing would be legal obligation, or legitimate interest. So where documents may be relevant to a contractual claim, it’s recommended that these are kept for at least a corresponding 6-year period. So many HR systems claim to be different. Generally, an employee can make a claim to an employment tribunal within three months of their employment ending. In the UK public sector there are many detailed rules about record retention. These are the top 10 questions to ask in a video interview, Get free HR insights, expert tips and exclusive interviews, and start making more impact at work, HR Software Optimised for Beaches or Sofas. (2009) Personnel data and record keeping. However, while every care has been taken in compiling the information, the CIPD cannot be held responsible for any errors or omissions and the information is not intended as a substitute for specific legal advice. It’s good practice to have a document retention policy and monitoring programme that’s communicated to all staff. There’s a substantial amount of UK legislation that has an impact on the retention of personnel and other related HR records. ACAS. Respiratory Protection 29 CFR 1910.134 – requires the employer to conduct an assessment of the workplace to determine if there are harmful dusts, fumes, mists, sprays or vapors which may create a respiratory health hazard. Part II deals with review of public records and transfer to the National Archives. Many government departments publish their retention and disposal policies for all records which are reviewed annually and define how long records should be retained before they are either destroyed or transferred to the National Archives. HM Revenue & Customs (HMRC) has the right to check your records. Payroll details and Payslips – 6 years Records, calculations and documents relating to the value of benefits for employees must be kept for 6 … Enjoy! Telecommunication companies must keep telephone call logs for one year. You might need them to defend yourself against a tribunal or court claim. Original documents must usually be available, or the employer must explain what happened to the originals backed up by what is known as a 'statement of truth'. Everything you need to know on data protection legislation, ensuring you are GDPR compliant and how it applies to key HR activities, Introduces data protection law in the UK, covering the obligations of employers and individual rights to accessing information, Commonly asked questions on the legal issues relating to data protection, surveillance and privacy in the workplace, Learn about defining, measuring and reporting human capital, and the value of external workforce reporting, © Copyright Chartered Institute of Personnel and Development 2020, 151 The Broadway, London SW19 1JQ, UK Incorporated by Royal Charter, Registered Charity no. How Long Should Records Be Retained: Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records. The IPA enables specific government bodies to access internet connection records including information about which websites a user has visited (their internet browsing history). In the interest of keeping information you hold up-to-date, you might want to consider asking applicants in your talent pool to review and update their CV, as well as asking them to re-issue their consent. should be held on to for 6 years after they have left. Different organisations make widely differing decisions about the retention periods to adopt. Your records must show you’ve reported accurately, and you need to keep them for 3 years from the end of the tax year they relate to. If you do not gain the applicant’s consent, you should remove their CV from your system. We are often asked “how long should I keep employee records for?” This is an issue we’ve addressed on our blog before, but with the GDPR looming (General Data Protection Regulation), we felt we needed to revisit and update our answer to this issue. See more in our factsheet on data protection and GDPR in the workplace. data retention periods on the ICO website. Ideally, you’ll want to keep this information for at least 6 months. The checklist below is divided into two parts: The main UK legislation regulating statutory retention periods is summarised below. Will Your HR Software Survive the Mobile Revolution, Why HR Super Heroes Need ‘Responsive Design’, Embark on your most ambitious HR journey to date. The data you collect during your recruitment process is important for defending any of these potential claims. ... only to retain these records for compliance purposes. The UK Limitation Act 1980 contains a 6-year time limit for starting many legal proceedings. This 1min video is all about HR software optimised for beaches and sofas. This is partly because of potential tribunals for the 3-month risk period during which terminated employees can bring a claim against you, but it could be used for defending a county court or high court claim, which can occur many years down the line. For how long should an employer keep an employee or ex-employee's personnel files? If you like the sound of People, but you’re not familiar with the name… then it’s only natural that you’ll have questions. Keeping records is an integral part of health and safety, requiring a regular assessment of what records should be kept, how long they should be kept and who should control them. When employers no longer need to keep certain data, destruction must take place securely and effectively, for example by shredding. London: Acas. But depending on the claim, the limit can be six months or longer. Data such as employees’ personal records, performance appraisals, employment contracts, etc. What would you do with the unrestricted freedom to work from anywhere? Internet service providers must retain communications data (including internet access, email and telephone calls - mobile and landline) for one year. How Long Should Records Be Retained: Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records. The emphasis is on the employer (the data controller) to have systems in place to determine how long the data should be retained and when records should be destroyed so it’s vital that your business is adhering to the correct statutory retention periods for different document types in order to remain compliant. All employers must ensure they are data protection compliant and may need to designate a data protection officer, which could involve training and developing existing staff. No period of time is specified in the regulation. (“FLSA”). this approach, taxpayers should keep most of their income tax records a minimum of four years, but it may be more prudent to retain them for seven years. Our workforce reporting factsheet has more details of how employee information can help HR and management improve business performance. Let’s have a change of pace now, and learn about the top 10 questions to include in a video interview. All Rights Reserved. For example: Ideally, you’ll want to keep this information for at least 6 months. 1079797, How this checklist of retention periods is organised, Recommended (non-statutory) retention periods, Organisational development and design roles, Getting, developing and keeping the right people, HR-inform: practical HR and employment law resources, Building the best HR teams around the world, Championing better work and working lives, data protection and GDPR in the workplace, Data protection, surveillance and privacy at work law Q&As, Code of Practice on the management of records, Understanding Data Protection and GDPR Compliance, Data protection and GDPR in the workplace, Data protection, surveillance and privacy at work Q&As. Employers must retain a copy of this employee statement throughout the employee’s employment and for one year after termination at a minimum. Defamation claims may be relevant to references or interview notes. talented people who fit your culture, Improve employee Both computerised and manual systems can be covered by the law: to be covered, manual systems must be organised into a 'relevant filing system'. Ever wondered how the Bradford Factor formula calculates your employees' absence scores? In most instances, the MRO requires a release signed by the employee, and the MRO may charge no more than the cost of preparing, reproducing and shipping the records. Assessments under health and safety regulations and records of consultations with safety representatives and committees, Personnel files and training records (including formal disciplinary records and working time records), Recruitment application forms and interview notes (for unsuccessful candidates), Redundancy details, calculations of payments, refunds, notification to the Secretary of State, Senior executives' records (that is, those on a senior management team or their equivalents), Statutory Sick Pay records, calculations, certificates, self-certificates, occupational health reports, Termination of employment, for example early retirement, severance or death in service, Terms and conditions including offers, written particulars, and variations, GOV.UK - Data protection and your business, Information Commissioner: for organisations. Wage/salary records (also overtime, bonuses, expenses) 6 years: Taxes Management Act 1970: National minimum wage records: 3 years after the end of the pay reference period following the one that the records cover: National Minimum Wage Act 1998: Records relating to working time: 2 years from date on which they were made Help shape its future, Leading the profession that’s shaping the future of work, Introduces the legal issues in the UK around effective retention and organisation of HR records. The emphasis is on the employer (the data controller) to have systems in place to determine how long the data should be retained and when records should be destroyed. You should therefore remove this information. These are the top 10 questions to ask in a video interview. 2013 - 2020, Centralise your HR The period is often a question of judgement rather than there being any definitive right answer. As well as writing and editing employment law content for the CIPD, Lisa lectures extensively on employment law, including years as a senior lecturer and leader of the employment team at BPP University and on the LLM programme at Kingston University. After an employee leaves, you shouldn’t bin their records right away. (NB SARS require you to keep all records for a period of 5 years) This statutory provision does not apply to employees who work less than 24 hours a month for that employer. That has an impact on the time limits for potential UK tribunal or court claim 6 months would you not., for example: ideally, you’ll want to keep this information for least... Years after they have left defamation proceedings is one year and management improve business performance or claims. Sets out good practice in public authority records management business requirements when deciding how long how long should an employer retain training records minimum an keep. 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