All businesses must keep personnel and financial records in order to run their business efficiently and to comply with statutory requirements. The type of record will determine the length of time the record must be kept for.
- All records must be kept in accordance with data protection laws. Extra care should be taken with ‘sensitive personal data’ i.e. data relating to race, ethnic origin, political or religious opinions or philosophical beliefs, trade union membership, data concerning health or a person’s sex life or sexual orientation or criminal records.
- Businesses collecting personal data must register with the Information Commissioner’s Office;
- You are not required to keep the original of all documents – copies can be stored but they must be stored in writing, including in electronic format.
- If erasing or destroying records, then destruction must be done securely using the shredder bins provided.
|Document type||How long to keep for (and source of requirement)|
· Name and Address
· CV & previous Work History
|On day 1 of information being processed a privacy notice is to be sent. After 3 Years and every 3 years from there on in a privacy notice will be communicated to ensure candidate knows we still have work seeking information on file.|
|Working time records:
• 48 hour opt out notice
• Annual leave records
|6 years from the time they were created|
|References||Under data protection laws, only keep records for as long as is necessary. However, the Conduct Regulations require references to be kept for 1 year following the introduction or supply of a work-seeker to a client.|
|National Minimum Wage documentation:
||For HMRC purposes: 3 years after the end of the pay reference period following the one that the records cover (National Minimum Wage Act 1998)
Or 6 years (5 in Scotland) in order to show that you have paid at least national minimum wage rates if a breach of contract claim is brought against you.
|Statutory maternity, paternity, adoption pay||3 years from the end of the tax year to which it relates|
|Pensions auto-enrolment (including auto-enrolment date, joining date, opt in and opt out notices, contributions paid)||6 Years|
|Company Financial Records|
|Company Accounts||6 Years|
|· Payroll information
· CIS Records
|3 Years From the End of the Tax Year|
|ITEPA (the intermediaries legislation) records||Report due every quarter, to be kept for no less than 3 years after the end of the tax year to which they relate.|