These documents would include, but are not limited to, the following:. Benefits records such as plan documents, election forms, plan termination records, and other benefits documentation should be kept for six years following separation of the employee from the organization.
Conducting an HR audit of your organization can help determine strengths and weaknesses of your current recordkeeping system and shine a light on what could help your company maintain compliance.
While employers are generally allowed to keep records electronically or in paper format, most industry leaders recommend that employers use a secure HRIS for record management.
HR teams are usually responsible for distributing an array of notices to its employees, which often require employee acknowledgment of the notice and records via signature.
Not only will this reporting option keep employers compliant, but it will also save the time and stress associated with manually compiling information. Share This Article:. Share sensitive information only on official, secure websites.
EEOC Regulations require that employers keep all personnel or employment records for one year. Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years.
Additionally, employers must keep on file any employee benefit plan such as pension and insurance plans and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination. 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. Both computerised and manual systems can be covered by the law: to be covered, manual systems must be organised into a 'relevant filing system'.
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.
See more in our factsheet on data protection and GDPR in the workplace. Subject to certain exceptions under the DPA, employees have the right to access their records and the employer must ensure that the data is accurate. As well as the DPA rules, certain documents such as employment contracts, accident record books and other personnel records may be needed in a legal action. 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'.
When employers no longer need to keep certain data, destruction must take place securely and effectively, for example by shredding.
In the UK public sector there are many detailed rules about record retention. The Freedom of Information Act places obligations on public authorities to maintain their records in line with a code of practice on records management issued under that legislation. The code sets out good practice in public authority records management. 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.
Further special provisions may affect the retention of, or access to, data. The sections relating to data retention already apply, but the remaining provisions have been subject to legal challenge. Telecommunication companies must keep telephone call logs for one year. Internet service providers must retain communications data including internet access, email and telephone calls - mobile and landline for one year. The IPA enables specific government bodies to access internet connection records including information about which websites a user has visited their internet browsing history.
A special warrant is needed to access the actual content of any communication. New immigration rules may affect HR records relating to immigration checks in certain circumstances. The main UK legislation regulating statutory retention periods is summarised below.
If in doubt, it's a good idea to keep records for at least 6 years 5 in Scotland , to cover the time limit for bringing any civil legal action. Coronavirus Job Retention Scheme - records of the furlough agreement including:the amount claimed, claim period for each employee, the claim reference number and calculations in case HMRC need more information. For employees on flexible furlough - usual hours worked and the calculations required.
Medical records and details of biological tests under the Control of Lead at Work Regulations. Medical records under the Control of Asbestos at Work Regulations: medical records containing details of employees exposed to asbestos and medical examination certificates.
Retirement Benefits Schemes — records of notifiable events, for example, relating to incapacity. Statutory Maternity Pay records, calculations, certificates Mat B1s or other medical evidence also shared parental, paternity and adoption pay records. Working time records including overtime, annual holiday, jury service, time off for dependents, etc.
For many types of HR records, there is no definitive retention period: it is up to the employer to decide how long to keep them. Different organisations make widely differing decisions about the retention periods to adopt. Employers must consider what a necessary retention period is for them, depending on the type of record.
The advice in this factsheet is based on the time limits for potential UK tribunal or civil claims. The period is often a question of judgement rather than there being any definitive right answer. 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.
The UK Limitation Act contains a 6-year time limit for starting many legal proceedings. Under the same Act, the limit for defamation proceedings is one year although this has been extended in some cases.
Defamation claims may be relevant to references or interview notes. Assessments under health and safety regulations and records of consultations with safety representatives and committees. Vaccination status is confidential, only disclosed for a significant health reason, for example to avoid unvaccinated staff meeting vulnerable people where possible. Personnel files and training records including formal disciplinary records and working time records. 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 SSP records, calculations, certificates, self-certificates, occupational health reports.
Termination of employment , for example early retirement, severance or death in service. UK - Data protection and your business. Information Commissioner: for organisations. People Management online. CIPD members can use our online journals to find articles from over journal titles relevant to HR. Members and People Management subscribers can see articles on the People Management website.
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