Prepare your tax return You need good records to prepare your tax returns. Processed in a way that ensures appropriate security of the data, including protection against either unauthorised and/or unlawful processing, and against accidental loss, destruction or damage (integrity and confidentiality). Note: Where an external contractor is used for shredding records, it is recommended that all records must be shredded on-site in the presence of an employee. 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. Health and Safety Executive (HSE) inspectors and union health and safety representatives have a legal right to inspect health and safety records. W: www.markmasonlaw.co.uk, Copyright Collective Business Services (NI) Ltd 2023.Company Number NI 612973, Social media and instant messaging in the workplace, Pay and deductions (PAYE and National Insurance). Employers have to keep time and wages records for 7 years. Access UK Ltd The Armstrong Building10 Oakwood DriveLoughboroughLE11 3QFUnited Kingdom, People Apps. EU GDPR rules are very similar but the maximum fine is 20 million (about 18 million) instead. Under the Statutory Sick Pay (General) Regulations 1982, you are required by law to keep statutory sick pay (SSP) records for at least 3 years after the end of the tax year to which they relate, including records of dates of a persons period of incapacity for work and records of all payments of SSP you made during that period. For further advice on this or any other employment law matter, please do not hesitate to get in touch. Regular audits of the data should both demonstrate, and provide assurance of, its compliance with good practice standards such as ISO 15489, the international standard on records management. With a flair for writing, Rich's content engages and educates readers, guiding them towards informed decisions. For help and advice with a specific issue, speak to our experts. A record of the training theyve received can help the employees defence in a legal dispute. If you would like advice or support on ensuring you are recording the right information in the right way, feel free to give us a no-obligation call. records, medical . This list of statutory retention periods of documents is not exhaustive. How Long to Keep Employee Files: 5 Best Practices for Compliance - BambooHR Lines of business are accountable for the management and disposal of all other records that they create. For more detailed information, see your topic on Records and Record Keeping. The DRO is accountable for maintaining effective and efficient record keeping procedures in HMRC. According to SHRM, many employers use a seven-year rule for getting rid of employee documents, as that generally covers state and federal regulations. Certain legislation includes specific requirements for keeping medical and health surveillance records, inspection records, atmospheric monitoring records, accident, incident and disease records. An employee record is the file, whether physical or electronic, that includes all of the relevant documents that were accrued throughout their time at an organisation. An employer should not keep data any longer than is necessary and they must follow the rules on data protection. You can change your cookie settings at any time. Digital continuity must be considered for the systems and formats that are used to store digital records. You may have someone in a supervisory role request the personnel file of another team member. You can read about legislation that relates to, or affects archives, records management or public sector information on The National Archives website. Start to finish tribunal support, from crafting your case to representation in court. Other legally required records include safety policies, employers liability insurance certificates, risk assessments and working time records. MAD-HR Ltd is registered in England & Wales. You can find out more about data retention periods on the ICO website. records, medical evidence, calculations etc, 3 years after the end of the tax year the, 5 years from birth/adoption or 18 years if the child is disabled, Records relating to promotion, transfer, training, disciplinary action, References given/information to enable reference to be provided, 3 years from the date of last entry (or if the accident involves a child or young adult, until that individual reaches 21 years old), Spent disciplinary and grievance correspondence, 2 years (from time at which warning is spent, documentation to be held separate to file). Organisations must consider what records are kept, how long they are kept, how they are kept and who has access to them. Employees' bank account details if this payment method has been agreed to. Contents of Employee Records: Employers must keep a record of the following information for each worker: - Worker's name and occupation. An employee who wants to claim compensation for an injury at work from his employer must generally bring a claim within three years of the accident or injury, limiting the time records relating to the incident must be kept. A team of experts manage your HR by looking after your contracts, policies, and procedures. Processes must be in place to make sure that records pending audit, litigation or investigation are not destroyed. remove duplicate documents, remove plastic wallets and secure all records in the relevant learners wallet. They must be kept for at least the period specified in the relevant regulations, for example 40 years under the Control of Substances Hazardous to Health Regulations (COSHH). You can change your cookie settings at any time. If you don't keep any records, or fail to keep accurate records, you may be fined a penalty of up to . Get full access to 1000+ up-to-date HR guides, 24/7 Legal Helpline*, document templates, policies and guidance for you or your HR team. HM Revenue & Customs (HMRC) has the right to check your records. Peninsula Business Services Limited is authorised and regulated by the Financial Conduct Authority for the sale of non-investment insurance contracts. Corporate Communications are responsible for HMRCs internet and intranet governance. You need to register with HMRC so you can pay tax and national insurance for your employees. Ipswich IP2 8SD. Act on the results of health surveillance, Health monitoring, biological monitoring and biological effect monitoring, Consult workers about health surveillance, Understand what type of health surveillance your business needs. It will take only 2 minutes to fill in. Monitoring records including air monitoring under COSHH, CAR and CLAW, and dose records and dose assessment after an accident under IRR. 6183275 You must also meet UK GDPR and Data Protection Act 2018 requirements in relation to data sharing and data protection, see the Information Commissioners Office (ICO) guide to data protection for details. Personal data may be stored for longer periods insofar as it will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of UK GDPR. However, there are specific legislative provisions that require certain records to be kept for minimum periods of time. During the course of our work with clients, the issue of absence rates often comes up, whether it is in respect to looking at accident rates and trends, or developing an absence management policy to help reduce general absence. For example, medical records relating to hazard materials need to be held for 40 years. The business is legally required to do so. Outsourcing your HR is cheaper than hiring internal staff. What is the cost of making payroll errors? Legal requirements: these include safety policies, employers' liability insurance certificates, risk assessments and working time records. This information is to be used as a guideline for retention times,in the absence of a specific business case supporting a longer period. The HR data you collect during your recruitment process is important for defending any of these potential claims. It is important to understand the difference. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, London Cambridge Aberdeen Manchester Birmingham, Branding, Digital & Website by Rokman Laing, This website uses cookies to improve your experience. These records must support the income, expenses, and credits you report. 6 months to 1 year: Application form: Duration of employment: References received: 1 year: Payroll and tax information: 6 years: National Minimum Wage compliance records: 3 years: Sickness records: 6 years: Annual leave records: 2 years: Unpaid leave/special leave records: 3 years: Statutory Maternity Pay related documents e.g. It suggests that the data controller may need to organise an information audit. And with GDPR legislation ensuring that any employer who fails to meet these obligations face fines, its crucial that your employee records are in order. Anonymised data is not subject to UK GDPR or the Data Protection Act 2018. Records must be securely destroyed in accordance with departmental security policy. Adopting this approach, many employers will retain HR records for a period of 6 years to reflect the length of time within which a claim for breach of contract can be instigated in the county or high court. Lines of Business are responsible for maintaining an audit trail of their review, destruction and disposal decisions. For example, in an equal pay claim, it may be necessary to look at an employees entire employment history to get a full picture of the employees promotions, pay increases, grading etc. A health record is a legal record of the outcome of health surveillance. How long employers should keep payroll records, Keep your employee records organised with HR software, data retention periods on the ICO website, 5 disadvantages of old HR software & systems. Destroy records if past destruction date. You also have the option to opt-out of these cookies. Statutory Maternity Pay records, including shared paternal, paternity and adoption pay records: Records relating to children and young adults. E: info@markmasonlaw.co.uk Mallusk Enterprise Park HSE inspectors can ask to see the health surveillance records made under the Control of Vibration at Work Regulations 2005. Dont worry we wont send you spam or share your email address with anyone. Employers may keep records in any format, provided they are kept readily accessible and retrievable at any reasonable time for examination. Further, if you fail to keep records to show that youve accurately reported to HMRC what youve paid an employee, as well as what deductions youve made, HMRC may estimate what tax you have to pay and charge you a hefty penalty. You should therefore remove this information. 6 years, with the exception of opt-out notices, which must be kept for 4 years. The National Archives has developed an appraisal template and guidance on completing the appraisal report template for these purposes. Retention of HR records | Peninsula UK HMRC Lines of Business are accountable for developing their own assurance programmes to make sure that the core principles in this policy and related activities are being complied with. This is partly because of potential tribunals for the 3-month risk period during which terminated employees can bring a claim against you., But their records. What you need to know about employee record retention Give unapproved access to confidential files. Why is it important to keep accurate records? In some cases, the appointment of a designated data protection officer may also prove necessary. To provide information for employees, eg safety policies and risk assessments. If you do not gain the applicants consent, you should remove their CV from your system. For the purposes of the Regulation, processing means any operation or operations that are performed on personal data whether or not by automated means, such as collection, recording, organisation, structuring and storage. The statutory period depends on the length of time that the records could be of use to the business or in legal proceedings. The GDPR requires companies to provide a reasonable level of protection for personal data. University Drive The employee records employers must keep | ELMO Software To use as part of a defence against prosecutions or claims for compensation. During your recruitment process, theres a lot of data that comes your way. This publication is available at https://www.gov.uk/government/publications/record-keeping-and-retention-guidance-for-fe-training-providers/record-keeping-and-retention-information-for-training-providers. Check you can afford to take on employees, Make your workplace safe and accessible for employees, Check your responsibilities around workplace pensions, Find out about the Energy Bills Support Scheme, Get your business ready to employ staff: step by step, Check whether you need full time or part time staff, Check the different types of employment status, Check how much the National Minimum Wage is, Find out how much National Insurance you need to pay for your employees, Check how much sick pay your employees are eligible for, Check how much you need to pay towards your employee's pension, Check how much Maternity Leave you need to pay your employees, Check how much Paternity Leave you need to pay your employees, Make your workplace accessible for employees with disabilities or health conditions, Find out what you need to check when you employ someone, If you decide to run payroll yourself, choose payroll software, Understand your pension responsibilities as an employer, Find out about Employers' Liability insurance, employment terms and conditions (eg pay, hours of work, holidays, benefits, absence), biometrics, for example if your fingerprints are used for identification, what records are kept and how theyre used, how these records can help with their training and development at work. The policy should ensure that records are kept for as long as needed but no longer, with guidelines for managers and HR about how to manage and securely destroy data. Employers must keep records for seven years | enableHR It must be necessary for health and safety reasons or to satisfy other legal obligations and the employee must have freely given explicit consent. There are a variety of reasons for keeping health and safety records. The law governs employees' rights to access their own employment records and states that employers must ask an employee before showing a third party their data. The organisation must also be able to prove that the records have been destroyed by the company who should provide a Certificate of Destruction. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Arise Chelmsford Out of these cookies, the cookies that are categorised as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. In our guide, learn exactly what retention periods apply to what employee records, including the all important question: How long should you keep ex employee records for?. Having these records all in one place means that their information is easy to access, audit and most crucially, be retrievable if they make a claim against an employer. Employee Success Use Jira as a strategy compass for teams - with real time coaching, feedback, and more Employee Garrison Enable employees to take informed decisions, with specialized tools People Centralise employee data and understand processes better through HR analytics Saas AppsMenu Toggle UpRaise SaaS Computer record keeping for audit If you keep records on a computer, you need to store them in a format that we can use. For all things PeopleHR - please use the following link to find out more. Criminal records checks for staff who have lived or worked abroad. UK GDPR Article 5(1)(e) about storage limitation specifies that personal data shall be kept for no longer than is necessary for the purposes for which the personal data are processed. In some states, current and former employees have the right to see their personnel files. Record-keeping - Fair Work Ombudsman Equally, at the other end of the scale, and absent any statutory retention period, you dont want to be retaining documents for any longer than is necessary, especially where there is no clear business reason to do so. Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), you are required by law to keep for at least 3 years from the date on which they were made any reports of serious workplace accidents, the diagnosis of occupational diseases and incidents of specified dangerous occurrences. There are a variety of reasons for keeping health and safety records. Since Brexit, the penalties differ slightly depending on whether the data refers to personal data for UK or EU residents. However, proceedings in respect of an indictable offence to be heard at the Crown Court may be brought years after the alleged offence was committed. Keeping on top of employee records is a significant proportion of HRs role within an organisation, and knowing these crucial numbers on how long to keep employee data is really important. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. All parties must agree on who owns the data, what data is shared, levels of information security, who should have access and what the disposal arrangements are, for example, destruction or return of data. There should be appropriate technical and organisational measures to ensure a level of security necessary to maintain ongoing confidentiality. How Long Should You Keep Employee Records For? | StaffCircle As a minimum you should keep a learner file for each learner. Time and wages records have to be: readily accessible to a Fair Work Inspector (FWI) legible; in English. However, if records are kept in paper-format they should be stored in individual wallets, one wallet per learner per academic year. If youre concerned about storing your applicant data in an outdated system, upgrading to an Applicant Tracking System may be the best step forward for your business. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. The rules mean that employers can only hold personal data for as long as there is a business need, and give employees more rights regarding their data. To ensure GDPR is met, basic employee records should be kept for six years. A minimum of 40 years, from the date of the last entry made in the record. Lines of Business must develop and maintain their own Appraisal Reports to identify groups or series of key departmental records which are required for ongoing administrative, legal or fiscal purposes. IP-City Centre The retention periods range from 60 days to three years following termination. Records must be stored in environmental conditions that protect them from deterioration. Records must only be retained beyond the default HMRC retention period if their retention can be justified for statutory, regulatory, legal or security reasons or for their historic value. Unlock award-winning wellbeing tools for your workforce. Under the Income Tax (Employments) Regulations 1993, you are required by law to keep pay-related records for income tax and national insurance purposes for not less than 3 years after the end of the financial year to which they relate. There are statutory requirements to keep certain employee records for a minimum length of time, as follows: For other employee records, for example personnel files, the employer should have regard to potential claims that could be brought against it and should ensure that records that could be required as evidence in such cases are kept for the appropriate length of time. How to Manage the Retention of Employee Data | GDPR Blog Whenever theres a staff challenge or an important legal update, you just pick up the phone and get the help you need no matter the time or place. If the employee is a student and is under the age of 18, the records are required to be retained until the earlier of three years after the employee's 18th . The main piece of UK legislation governing data protection is the Data Protection Act 2018 (DPA). The list of statutory retention periods doesnt cover all types of documents you may have. If you're reading this post, chances are youre frustrated with your existing HR system. Few employers look forward to tricky conversations with their employees, but there are ways to take the pain out of talking. Certain legislative provisions require records to be kept for specified periods of time. The consequences of payroll errors can be both costly & damaging to a business' reputation. You should then ensure that this is regularly reviewed so that information that is no longer authorised to be retained under your policy, is securely destroyed. When your contract with ESFA ends, you must ensure your learner records are transferred to ESFA if required and all other records are either securely destroyed if they have reached their retention period or retained by you until their destruction date is reached. The emphasis is on the data controller to identify for how long the data should be retained.
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