How long should recruitment records be kept

Separation paperwork — At least one year. It is recommended that you hold on to any documentation related to termination or separation for at least five years, in case you encounter a wrongful termination case. Payroll records — At least three years. Save all paperwork related to wages, monetary awards, timesheets and time off requests for at least three years.

Some lawyers recommend up to seven years for potential situations regarding unequal pay practices. Keep requests for FMLA leave, as well as related records whether leave was granted or not for at least three years.

Tax records — At least four years. You need to keep employee tax records, including W-2s and W-4 tax withholding forms, for at least four years from the date taxes were due or paid.

OSHA records — Five to 30 years. Plan to hold onto OSHA forms about accidents and work-related injuries for the current year plus five proceeding years, unless toxic substances are involved, then 30 years.

Employee retirement benefits records — At least six years. By law, you must keep records of employee retirement benefits such as pension and k plans and COBRA for at least six years. Official websites use. Share sensitive information only on official, secure websites. EEOC Regulations require that employers keep all personnel or employment records for one year. Request a free demo today to see just how easy BrightHR makes managing your staff records.

Already a BrightHR customer? Get support or login today. But how long should you keep them to comply with GDPR? Friday, Oct 22, 2 min read. Have a question? The policy should ensure that records are kept for as long as needed but no longer, and that records are destroyed securely. It may involve training about the legal issues involved and address the benefits of sound personnel administration and broader HR strategy.

Our workforce reporting factsheet has more details of how employee information can help HR and management improve business performance. Examples, dealing with particular categories of records are given below. From 25 May , existing data protection duties in the UK were tightened up to adapt to the rapid expansion of technology and collection of data. Data must not be kept any longer than is necessary for a legitimate purpose and it must not be excessive.

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.