Data Retention Policy

Document type

How long to keep for (and source of requirement)

Responsibility

Work-seeker records including application form/CV, ID checks, terms of engagement (see also below), details of assignments, opt-out notices and interview notes

1 year from the last date of supply or introduction to any client (Conduct of Employment  Agencies and Employment Businesses Regulations 2003 (Conduct Regulations)

Recruitment Support

Client records including client details, terms and conditions of business, assignment/vacancy details

Terms of engagement with temporary worker and terms of business with clients

6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980) (5 years in Scotland)

Recruitment Support

Hirer records including client details, terms of business (see below also), assignment/ vacancy details

1 year from the last date of supply or introduction to any client (Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations)

Recruitment Support

Working time records:    

48 hour opt out notice    

Annual leave record

2 years from the time they were created

Recruitment Support

Annual appraisal/ assessment records.

5 years (Under the DPA no specific period is detailed so records should only be kept as long as necessary)

Recruitment Support

Staff records including CV, ID, bank details, reference information and other personnel information (e.g. absence & disciplinary records)

2 years from employee termination date

Recruitment Support

References

2 years following the introduction to a client OR 2 years after engagement has ended, whichever is the later (Under the DPA records are only to be kept as long as necessary however the Conduct Regulations require references to be kept for 1 year)

Recruitment Support

Terms of Engagement with temporary worker and Terms of Business with clients

6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980). Although this is only 5 years in Scotland we maintain 6 years.

Recruitment Support

Records held relating to right to work in the UK

2 years after employment or engagement has ended.

Recruitment Support

Criminal records checks/ Disclosure Barring checks

6 months following the introduction to a client OR 2 years after engagement has ended, whichever is later

Recruitment Support

National Minimum Wage Documentation:
Total pay by the worker and the hours worked by the worker

Overtime/ shift premium;

Any deduction or payment of accommodation;

Any absences e.g. rest breaks, sick leave, holiday;

Any travel or training during working hours and its length;

Total number of hours in pay reference period – this sets the averaging period to calculate whether a worker has been paid

NMW e.g. workers paid weekly have a pay reference period of one week

For HMRC purposes: 7 years after the end of the pay reference period following the one that the records cover (National Minimum Wage Act 1998)                               

(We must keep them for 5 years in Scotland, and 6 years for the rest of the UK, in order to show that we have paid at least national minimum wage rates if a civil claim is brought against us)

Payroll

Sickness records – statutory sick pay

7 years

Payroll

Statutory maternity, paternity, adoption pay

7 years from the end of the tax year to which it relates

Payroll

Pensions auto-enrolment (including auto-enrolment date, joining date, opt in and opt out notices, contributions paid)

Payroll

Gender pay gap reporting (if applicable)

1 year

Payroll

Call recordings

3 months

Compliance

Document type

How long to keep for (and source of requirement)

Responsibility

VAT

7 years

Finance

Company Accounts

7 years

Finance

Payroll Information

7 years from the end of the year

Finance