For many types of HR records, there is no definitive retention period: it is up to the employer to decide. Different organisations make widely differing decisions about necessary retention periods depending on the type of record.
The advice below is based on potential UK tribunal or civil claims time limits and guidance from the Information Commissioner’s Office (ICO) regarding the retention of records needed in order to comply with GDPR. The period is often a question of judgement rather than there being any definitive right answer. For example, some public sector organisations recommend keeping records until the employees are 100, especially for pension purposes.
Employers should always review the length of time personal data is kept, consider its purpose when deciding how long to retain it, and update, archive or securely delete information if it goes out of date. Confidential data, for example sickness records, should have personally identifiable information removed where possible (pseudonymisation).
The UK Limitation Act 1980 contains a 6-year time limit for contractual claims, so it’s recommended that many records are kept for at least that period.
Record types
Actuarial valuation reports
- Recommended period: Permanently.
Assessments under health and safety regulations and safety representatives and committee records (including previous COVID-19 risk assessments).
- Recommended period: Permanently.
Bank details
- Bank details should be deleted as soon after the end of employment as possible once final payments have been made.
Collective agreements
- Recommended period: 6 to 7 years after the agreement ends.
COVID-19 vaccination records – this is ‘special category’ data requiring extra protection. Under the DPA employers can only keep this data for a good reason and if there is a lawful basis for processing it such as employee or public health duties.
- Recommended period: employers should review whether they still have grounds for the collection and retention of vaccination data. Arguably, employers may only need to keep records for a year until the next vaccination assuming there is an annual roll out. As the pandemic retreats, the justification for keeping data may change.
CCTV footage
- Recommended period: ICO retention practice is 6 months following the outcome of any formal decision or appeal. CCTV footage may be relevant to a disciplinary matter or unfair dismissal claim
Driving offences
- Recommended period: Must be removed once the conviction is spent under the Rehabilitation of Offenders Act 1974.
Flexible working requests
- Recommended period: 18 months following any appeal. This is because a further request cannot be made for 12 months following a request plus allowing for a 6 month tribunal limitation period on top.
Inland Revenue/HMRC approvals
- Recommended period: Permanently.
Money purchase details
- Recommended period: 6 years after transfer or value taken.
Parental leave
- Recommended period: 18 years from the birth of the child.
Pension records
- Recommended period: 12 years after the benefit ceases.
Pension scheme investment policies
- Recommended period: 12 years from the ending of any benefit payable under the policy.
Personnel files and training records (including disciplinary records)
- Recommended period: 6 to 7 years after employment ceases but may be unreasonable to refer to expired warnings after two years have elapsed.
Recruitment documentation including application forms, CVs and interview notes (for unsuccessful candidates), equal opportunities monitoring forms, assessment exercises or tests
- Recommended period: at least 6 months to a year after notifying the candidate of the outcome of the recruitment exercise. Because of the time limits in the Equality Act, documentation relating to advertising job applications should be at least 6 months. A year may be more advisable as the time limits for bringing claims can be extended. Successful job applicants’ documents will transfer to the personnel file.
Redundancy details, calculations of payments, refunds, notification to the Secretary of State
- Recommended period: 6 years from the date of redundancy.
References
- Recommended period: Outgoing references given by an organisation should be retained for at least one year after the reference is given to meet the limitation period for potential defamation claims. However, employers may be able to justify a longer retention period of six to seven years, if they are concerned about defending any future claims.
For incoming references received from previous employers, organisations could simply retain a note that satisfactory references were received. For references of unsuccessful applicants, a retention period of nine months to a year is probably justified, because the time limit for discrimination is six months plus possible time limit extensions. Some employers may decide they have no need to keep references for new staff once the employee has successfully completed a probationary period.
Right to work in the UK checks
- Recommended period: Home Office recommended practice is 3 years after employment ends.
Senior executives' records (senior management team or equivalents)
- Recommended period: Some records may need permanent retention such as documents from the company’s incorporation, shareholdings, resolutions, memorandum and articles, annual returns, register of directors interests, share documents, accounts, liability policies, pension scheme documents etc. Retain personal records, performance appraisals, employment contracts etc for 6 years after the employee has left to reflect the main limitation period.
Statutory Sick Pay (SSP) records, calculations, certificates, self-certificates, occupational health reports. Also COVID-19-related SSP records such as the dates off sick.
- Recommended period: The Statutory Sick Pay (Maintenance of Records) (Revocation) Regulations 2014 (SI 2014/55) abolished the specific statutory retention period, therefore employers must keep sickness records to best suit their business needs, with a likely period being three months as a minimum up to six years from the end of employment. At least a three-month minimum is needed, but six months after the end of the period of sick leave is sensible in case of a disability discrimination claim. For personal injury claims, the limitation is 3 years. If there's a contractual claim for breach of an employment contract then keep records for 6 years after the employment ceases. Employers should keep a record of SSP paid due to COVID-19 as HMRC may request records.
Termination of employment, for example early retirement, severance or death in service
- Recommended period: At least 6 years although the ICO’s retention schedule suggests until employee reaches age 100.
Terms and conditions including offers, written particulars, contracts and variations
- Recommended period: while employment continues and review 6 years after employment ceases or the terms are superseded. 7 years may be justified to allow for potential extensions to claim periods.
Time cards
- Recommended period: 2 years after audit.
Trade union agreements
- Recommended period: 10 years after ceasing to be effective.
Trust deeds and rules
- Recommended period: Permanently.
Trustees' minute books
- Recommended period: Permanently.
Works council minutes
- Recommended period: Permanently.
