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Employment Legislation Update - time for a Spring clean

Employment Legislation Update - time for a Spring clean

With the impending arrival of GDPR on the 25th May 2018, now is the time to be looking at data held within the organisation and decide whether you do really need to keep it. 

We all tend to hold onto information in the belief that it may be required one day, but often that day never arrives which can result in a massive amount of paperwork being stored.

It is necessary to keep some information but some organisations hold onto everything such as every job application that was ever made on the off-chance that another vacancy might arise in the future. Several years or even decades later, this is no longer relevant.

As a general rule, job applications should be retained for up to 12 months as it would be necessary to deal with any potential claims which might arise, for example, an allegation of discrimination during the recruitment process. After this, the applications should be destroyed.

There are a host of other records which need to be retained by employers. For example, records to establish that every worker is being or has been paid at a rate at least equal to the National Minimum Wage.  These records need to be retained for three years. 

Similarly, pay records including pay for statutory leave, such as maternity or paternity leave, need to be retained for three years following the end of the tax year in which payments ended.

Records used to establish that the worker has the right to work in the UK should be retained for two years after employment ends in order to have a statutory defence.

Employers should retain records to show that the limits on working time have been complied with for two years from the date on which the records were made. 

Accident records including accident books and RIDDOR need to be kept for at least 3 years from the date of the record. Other health and safety records need to be kept for 40 years.

With new data protection laws on the horizon, now is a good time to spring clean your data and retain information that is adequate, relevant and limited to what is necessary.

If you would like further information or support for your business please contact Sheila Watson on 01429 857082.

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