The key factor is that detailed records should be kept only as long as is necessary for the purpose for which they were created. The Chartered Institute of Personnel offers a comprehensive summary of requirements and further information, (see ‘Retention of HR Records’).
Employers should establish and adhere to standard retention times for different categories of records. Organisations can therefore set their own retention periods. Retention times should be based on business need, considering relevant professional guidelines. For example:
- National Minimum Wage records must be kept for three years after the pay reference period that follows the pay period that they cover.
- Payroll wage/salary records (also overtime, bonuses, expenses) should be kept for six years from the end of the tax year to which they relate.
- Grievance records should be kept for six months after employment.
A brief record of the grievance may be retained after detailed records are removed from an individual’s personal file. This includes information such as:
- Nature
- Relevant dates
- Investigation
- Type of resolution that was reached
Where possible all information about former workers should be kept anonymously. You may need to keep data after the termination of employment for the purposes of defending possible tribunal and court claims. In these circumstances, the time limits for bringing claims will inform the retention period. This timeframe is currently three months minus one day from the date the problem at work happened.
Employers should ensure that information is not retained for longer than is necessary without justification. Plus, when information is destroyed, this must be done securely