About This Policy

This Data Retention & Erasure Policy (Internal) relates specifically to internal Applicants and Employees. For information about data retention relating to Candidates, Client Contacts etc, you should refer to our Data Retention Policy (External) which may be viewed at 3r.co.uk

The policy is intended to ensure that Company processes personal data in the form of employment records in accordance with the personal data protection principles, in particular that:

  • Personal data must be collected only for specified, explicit and legitimate purposes. It must not be further processed in any manner incompatible with those purposes.
  • Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. When personal data is no longer needed for specified purposes, it is deleted or anonymised as provided by this policy.
  • Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
  • Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
  • Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.

Christopher Powell (DPM) is responsible for overseeing this policy. Any questions about the operation of this policy should be submitted to the DPM.

Location of Employment Records

The Managing Director holds Company’s employment records and can be contacted with any enquiries relating to your personal data.

Keeping Information Up To Date

Company needs to ensure that your personal details are up to date and accurate.

When you first start working for Company, we record your name, address, next of kin and contact telephone details. In the event that any of these change, you should inform the Managing Director. You will be invited to review and update personal information on a regular basis.

These provisions are intended to complement the data subject rights referred to in the Data Protection Policy.

General Principles on Retention & Erasure

Company’s approach to retaining employment records is to ensure that it complies with the data protection principles referred to in this policy and, in particular, to ensure that:

  • Employment records are regularly reviewed to ensure that they remain adequate, relevant and limited to what is necessary to facilitate you working for Company.
  • Employment records are kept secure and are protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.
  • When records are destroyed, whether held as paper records or in electronic format, Company will ensure that they are safely and permanently erased.

Retention & Erasure of Applicant Records

Company retains recruitment-related information to demonstrate, if required, that Applicants have not been discriminated against on prohibited grounds and that internal recruitment is conducted in a fair and transparent way.

Company’s internal Privacy Notice advises Applicants how long Company expects to keep their personal information for, once a recruitment decision has been communicated to them. This is likely to be for twelve months from the communication of the outcome of the recruitment exercise, which takes account of both the time limit to bring claims and for claims to be received by Company.

Information relating to successful Applicants will be transferred to their employment record with Company.

This will be limited to that information necessary for the working relationship and, where applicable, that required by law.

Following a recruitment exercise, information, in both paper and electronic form, will be held by the Managing Director Destruction of that information will take place in accordance with this policy.

Retention & Erasure of Employment Records

Company complies with the recommended retention periods for particular employment records set out in legislation, referred to in the table below. However, it also has regard to legal risk and may keep records for up to seven years (and in some instances longer) after your employment or work with us has ended.

TYPE OF EMPLOYMENT RECORD RETENTION PERIOD
Recruitment records

These may include:

Completed online application forms or CVs.

Equal opportunities monitoring forms.

Assessment exercises or tests.

Notes from interviews and short-listing exercises.

Pre-employment verification of details provided by the Applicant. For example, checking qualifications and taking up references.

Criminal records checks (where applicable).

Twelve months after notifying Applicants of the recruitment decision.
Immigration checks Three years after the termination of employment.
Contracts

These may include:

Written particulars of employment.

Contracts of employment or other contracts.

Documented changes to terms and conditions.

While employment continues and for seven years after the contract ends.
Payroll and wage records

Payroll and wage records

Bonuses.

Expenses.

Benefits in kind.

These must be kept for at least three years after the end of the tax year to which they relate. However, given their potential relevance to pay disputes they will be retained for seven years after employment ends.
Current bank details Bank details will be deleted as soon after the end of employment as possible once final payments have been made
PAYE records These must be kept for at least three years after the end of the tax year to which they relate. However, given their potential relevance to pay disputes they will be retained for seven years after employment ends.
Payment records for limited companies These must be kept for six years from the financial year-end in which payments were made. However, given their potential relevance to pay disputes they will be retained for seven years after employment ends.
Records in relation to hours worked and payments made to workers These must be kept for three years beginning with the day on which the pay reference period immediately following that to which they relate ends. However, given their potential relevance to pay disputes they will be retained for seven years after the working relationship ends.
Travel and subsistence. While employment continues and for seven years after employment ends.
Record of advances for season tickets and loans to employees While employment continues and for seven years after employment ends.
Personnel records

These include:

Qualifications/references.

Annual leave records.

Annual assessment reports.

Disciplinary procedures.

Grievance procedures.

Death benefit nomination and revocation forms.

Resignation, termination and retirement.

Working time opt-out

While employment continues and for seven years after employment ends.
Maternity records

These include:

Maternity payments.

Dates of maternity leave.

Period without maternity payment.

Maternity certificates showing the expected week of confinement.

Four years after the end of the tax year in which the maternity pay period ends.
Accident records

These are created regarding any reportable accident, death or injury in connection with work.

For at least four years from the date the report was made. However, given their potential relevance to litigation they will be retained for seven years after the working relationship ends.

Erasure/Right To Be Forgotten Requests

You are entitled to submit a request for erasure of your details from time to time (Erasure Request) i.e. the right to be forgotten.

Upon receipt of an Erasure Request, Company shall acknowledge your request in writing and, where necessary, verify your identity.

Company shall process your Erasure Request in accordance with your instructions, subject to any legal right or obligation to retain your personal data for the periods set out in the table above. Company shall within one month of receiving your Erasure Request, confirm the outcome of such Erasure Request, the steps which Company has taken in respect of the Erasure Request and the extent to which any data has been retained.

If your request is manifestly unfounded or excessive, for example, because of its repetitive character, Company may charge a reasonable fee, taking into account the administrative costs of erasure, or refuse to act on the request.

If Company is not going to respond to your request, Company shall inform you of the reasons for not taking action and of the possibility of lodging a complaint with the ICO.