Keep the right staff records
How long to keep staff records
By law you must keep certain records for a set period of time.
It is a good idea to keep records for six years, to cover the time
limit for bringing any legal action against you, including National
Minimum Wage claims and contractual claims.
| Record |
Statutory retention period |
| Accident Reports |
3 years after date of last entry |
| Income tax and National Insurance returns/records |
At least 3 years after end of the tax year they relate to |
| Statutory Maternity Pay (SMP) records |
3 years after the end of the relevant tax period |
| Statutory Sick Pay (SSP) records |
3 years after the end of the relevant tax period |
| Wage/salary records |
3 years from the end of the pay reference period |
| Record |
Recommended retention period |
| Application forms/interview notes for unsuccessful candidates |
1 year |
| Health and safety records of consultations |
Permanently |
| Parental leave taken |
5 years from birth/adoption or until child is 18 if disabled |
| Pensioners' records |
12 years after benefit ceases |
| Disciplinary, working time and training records |
6 years after employment ceases |
| Redundancy details |
6 years from date of redundancy |
| Senior executives' records |
Permanently for historical purposes |
| Trade Union agreements |
10 years after ceasing to be effective |
| Minutes of trustee/work council meetings |
Permanently |
Read
a detailed guide to statutory and recommended retention periods
for staff records at the Chartered Institute of Personnel and Development
(CIPD) website.
Under the Data Protection Act 1998, data must not be kept longer
than is necessary for a particular purpose. When deciding what is
necessary, you will need to consider both your legal obligations
and the needs of your business.
The Data Protection Act will not prevent personal data being held
by employers as long as the records are still necessary for the
purpose they were collected for. It will require that you delete
personal data once it is no longer necessary to have that data.
When you decide to dispose of data, make sure this is done securely
and effectively, eg by shredding. Where possible, make data on workers
and former workers anonymous. You can download
information about best practice and your obligations under the Data
Protection Act 1998 from the Information Commissioner website (PDF).
Subjects covered in this guide
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