Posted By Peter Bailey
Hello Jim, These may help.
Regards,
Peter
Statutory retention periods
Record Statutory retention period Statutory authority
accident books, accident records/reports 3 years after the date of the last entry (see below for accidents involving chemicals or asbestos) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
(SI 1995/3163)
accounting records 3 years for private companies, 6 years for public limited companies Section 221 of the Companies Act 1985
income tax and NI returns, income tax records and correspondence with the Inland Revenue not less than 3 years after the end of the financial year to which they relate The Income Tax (Employments) Regulations 1993
(SI 1993/744)
medical records and details of biological tests under the Control of Lead at Work Regulations 1998 40 years from the date of the last entry The Control of Lead at Work Regulations 1998
(SI 1998/543)
medical records as specified by the Control of Substances Hazardous to Health Regulations 1999 40 years from the date of the last entry The Control of Substances Hazardous to Health Regulations 1999 (COSHH)
(SI 1999/437)
medical records under the Control of Asbestos at Work Regulations 1987and 1998
medical records containing details of employees exposed to asbestos
medical examination certificates
40 years from the date of the last entry
4 years from the date of issue
The Control of Asbestos at Work Regulations
(SI 1987/2115, SI 1992/3068 and SI 1998/3235)
medical records under the Ionising Radiations Regulations 1999 until the person reaches 75 years of age, but in any event for at least 50 years The Ionising Radiations Regulations 1999
(SI 1999/3232)
records of tests and examinations of control systems and protective equipment under the Control of Substances Hazardous to Health Regulations 1999 5 years from the date on which the tests were carried out The Control of Substances Hazardous to Health Regulations 1999 (COSHH)
(SI 1999/437)
records relating to children until the child reaches the age of 21 Limitation Act 1980
records relating to events notifiable under the Retirement Benefits Schemes (Information Powers) Regulations 1995, records concerning decisions to allow retirement due to incapacity, pension accounts and associated documents 6 years from the end of the scheme year in which the event took place, or the date upon which the accounts/reports were signed/completed. The Retirement Benefits Schemes (Information Powers) Regulations 1995
(SI 1995/3103)
Statutory Maternity Pay records, calculations, certificates (Mat B1s) or other medical evidence 3 years after the end of the tax year in which the maternity period ends The Statutory Maternity Pay (General) Regulations 1986
(SI 1986/1960)
Statutory Sick Pay records, calculations, certificates, self-certificates 3 years after the end of the tax year to which they relate The Statutory Sick Pay (General) Regulations 1982
(SI 1982/894)
wage/salary records (also overtime, bonuses, expenses) 6 years Taxes Management Act 1970
Recommended retention periods (ie where no statutory retention periods exist)
For many types of personnel records, there is no definitive retention period: it is up to the employer to decide how long to keep these records and it’s a question of judgement rather than there being any definitive right and wrong. An employer needs to consider what would be a necessary retention period, depending on the type of record. The advice in this factsheet is based on the time limits for potential tribunal or civil claims and aims to draw sensible conclusions as to how long keeping the records will protect an employer.
Where the recommended retention period given is 6 years, this is based on the 6-year time limit within which legal proceedings must be commenced as laid down under the Limitation Act 1980. Thus, where documents may be relevant to a contractual claim, it is recommended that these be retained for at least the corresponding 6-year limitation period.
Record Recommended retention period
actuarial valuation reports permanently
application forms and interview notes (for unsuccessful candidates) 6 months to a year
assessments under Health and Safety Regulations and records of consultations with safety representatives and committees permanently
Inland Revenue approvals permanently
money purchase details 6 years after transfer or value taken
parental leave 5 years from birth/adoption of the child or 18 years if the child receives a disability allowance
pension scheme investment policies 12 years from the ending of any benefit payable under the policy
pensioners' records 12 years after benefit ceases
personnel files and training records (including disciplinary records and working time records) 6 years after employment ceases
redundancy details, calculations of payments, refunds, notification to the Secretary of State 6 years from the date of redundancy
senior executives' records (that is, those on a senior management team or their equivalents) permanently for historical purposes
time cards 2 years after audit
trade union agreements 10 years after ceasing to be effective
trust deeds and rules permanently
trustees' minute books permanently
works council minutes permanently
Conclusion
Retention of records is a complex area. Companies following good practice would ideally have a document retention policy and monitoring programme that is communicated to all staff. These would encompass the regulations above. This may involve training, not only about the legal issues involved, but also why having organised records benefits the business. Senior management will need to show a commitment to ensure that these procedures are followed