TINGDENE - EMPLOYEE DATA RETENTION POLICY
1 INTRODUCTION
The General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and Data Protection Act 2018 (together called the “Data Protection Legislation”), give you (our employee) the right to know exactly how the Company processes and retains your data.
Tingdene Parks Limited, Tingdene Holiday Parks Limited, Tingdene Marinas Limited and Tingdene Boat Sales Limited (together referred to as “Tingdene” or the “Company”) takes your privacy seriously. The Company are fully committed to protecting your personal data and recognises its responsibility to keep any information about you safe and secure at all times. The Company will only process your personal data in accordance with the Company’s data protection obligations and will adhere to the principles (as applicable) contained in the Data Protection Legislation.
In accordance with the Data Protection Legislation, and the Company’s other internal data protection policies (which can be found in the Company Handbook), this policy sets out the Company’s principles for retention of employee information along with the default position in relation to how long the Company keeps specific employee information before it is deleted or destroyed.
We seek to process all employee data in a lawful, fair and transparent manner; taking care not to keep employee data for longer than is necessary for the purposes for which it is processed. Accordingly, the ‘Record retention and disposal schedule’ shown on pages 3 – 7 (the “Schedule”) comprises both a list of all employee records held by Human Resources, and information as to the relevant default retention period.
This policy, including the Schedule, may be amended at any time as and when changes arise in the employee data the Company retains, or the length of time it is retained for. The company will make all employees aware of all changes it makes.
Nothing in this policy affects your rights as an employee in respect of your data, as set out in the Company’s Workforce Data Privacy Notice
The Data Protection Champion (“DPC”) is responsible for ensuring compliance with policy. That post is held by the company’s Chief Financial Officer (“CFO”), who, may be contacted by email CFO@tingdene.net, or by telephone to the company’s Head Office.
1
2 SCOPE OF THIS POLICY
This policy applies to Human Resources employees and any others either internal or external to the Company who process or have control over employee data. This includes third parties who process employee data on the Company’s behalf
The Company takes its data protection responsibilities very seriously and a wilful or reckless failure to comply with this policy will be regarded as an act of gross misconduct under the Company’s disciplinary procedure.
Although this policy only applies to those persons described above, the policy and the Schedule below should be seen as an open record of the Company’s approach to the retention of employee data.
3 WHAT DATA IS COVERED BY THIS POLICY?
This policy concerns Human Resources records. This may include any information about an employee, regardless of the format, which is created, generated, received, processed, stored, shared or destroyed by the Company or a third party acting on the Company’s behalf.
For the purposes of this policy, and in conjunction with the Company’s Employee Data Privacy Notice (which can be found in the Company Handbook), ‘information about an employee’ includes: information about job applicants, employees or workers under a contract (including temporary contracts, zero hour contracts and secondment agreements), agency workers, persons providing their services through a service company, volunteers, work experience placements, apprentices, trainees, board members/partners/owners and consultants.
Information is about an employee if it concerns an identified or identifiable person. An identifiable person is one who can be identified directly or indirectly from the information. Examples include: by reference to an ID number, or factors specific to his or her physical, physiological, mental, economic, cultural or social identity. To determine whether a person is identifiable, account should be taken of all the means likely to be used to identify the person. The person need not be a UK national or resident. The information can be factual or it can be an opinion about that person, their actions or behaviour.
This policy applies wherever the processing of data takes place whether in the UK, Europe or otherwise.
Personal data which is rendered truly anonymous in such a way that the individual is no longer identifiable is not covered by this policy.
2
4
Record retention and disposal schedule
Data Retention Period Reason Comments
Job applications and interview records of unsuccessful candidates
12 months
Because of the time limits in the various discrimination Acts, minimum retention periods for records relating to advertising of vacancies and job applications will be at least 6 months. A year may be more advisable as the time limits for bringing claims can be extended. Successful job applicants’ documents will be transferred to the personnel file in any event.
Personnel and training records which may include:
• Name/address/email
• Date of birth
• Qualifications/references
• Criminal record data (DBS/CRB)
• Annual assessment reports
• Job history
• Resignation, termination and/or retirement letters
• Disciplinary matters
• Grievance procedures
• Sickness records
• Annual leave records
• Travel and subsistence
Written particulars of employment, contracts of employment, and any variations to the contract of employment or terms and conditions more generally
6 years after employment ceases
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at least a corresponding 6-year period.
Redundancy details, calculations of payments, refunds etc advice is 6 years from the date of redundancy
6 years after employment ceases
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at
4
Other personnel records to include:
• Gender
• Marital status
• Next of kin details
• Emergency contact details
• Information relating to disability
• Health information (from occupational health or otherwise) and disability adjustments considered/applied and reasons if rejected
• Current bank details
6 years after employment ceases
least a corresponding 6-year period.
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at least a corresponding 6-year period.
Equal Opportunities Monitoring Form 6 years
Records to show compliance with the Working Time Regulations 1998 to include:
• Time sheets for opted out workers
• Health assessment records for night workers
Working time records of mobile transport workers
Working time opt-out forms
6 years
The Working Time Regulations 1998 (SI 1998/1833) stipulates that working time records are kept for 2 years from the date on which they were made.
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at least a corresponding 6-year period.
5
Record of evidence of compliance with minimum wage
6 years
The National Minimum Wage Act 1998 stipulates that records are kept for 3 years after the end of the pay reference period following the one that the records cover.
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at least a corresponding 6-year period.
Payroll and wage records for companies to include:
• Details on overtime
• Bonuses
• Expenses
• Benefits in kind
• PAYE and NIC records
• Records in relation to hours worked and payments made to workers
Maternity records to include:
• Maternity payments
• Dates of maternity leave
• Period without maternity payment
• Maternity certificates showing the expected week of confinement
• Any shared parental pay records
6 years Taxes Management Act 1970 stipulates retention for 6 years.
The Income Tax (Employments) Regulations 1993 (SI 1993/744) as amended, for example by The Income Tax (Employments) (Amendment No. 6) Regulations 1996 (SI 1996/2631) stipulate at least 3 years.
6 years
The Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960) as amended stipulates that Statutory Maternity Pay records, calculations, certificates (Mat B1s) or other medical evidence should be kept for 3 years after the end of the tax year in which the maternity period ends.
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is
6
Sick pay records 6 years
recommended that these are kept for at least a corresponding 6-year period.
The Statutory Sick Pay (Maintenance of Records) (Revocation) Regulations 2014 (SI 2014/55) abolished the former obligation on employers to keep these records. Although there is no longer a specific statutory retention period, employers still have to keep sickness records to best suit their business needs. It is advisable to keep records for at least 3 months after the end of the period of sick leave in case of a disability discrimination claim. However, if there were to be a contractual claim for breach of an employment contract it may be safer to keep records for 6 years after the employment ceases.
Record of advances for season tickets and loans to employees 6 years
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at least a corresponding 6-year period.
Any reportable accident, death or injury in connection with work
6 years
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) (SI 1995/3163) as amended, and Limitation Act 1980 dictates a retention period of at least 3 years from the date of the last entry (or, if the accident involves a child/ young adult, then until that person reaches the age of 21).
Special rules apply concerning incidents involving hazardous substances, with a retention period of at least 40 years.
7
Disclosure and Barring Service (DBS), formerly Criminal Records Bureau (CRB), checks and disclosures of criminal records forms
6 years
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at least a corresponding 6-year period.
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at least a corresponding 6-year period.
Immigration and right to work checks 6 years
The UK Limitation Act 1980 contains a 6year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it is recommended that these are kept for at least a corresponding 6-year period.
Auto-enrolment member name, NI number, date of birth, gross qualifying earnings in each pay reference period, contributions payable in each reference period by employer and deductions from earnings, date contributions were paid into scheme, amount of contributions due, opt-in notices, joining notices, enrolment dates, postponement notices.
Auto enrolment opt-outs
Other pensions records
6 years
Taxes Management Act 1970 stipulates retention for 6 years.
The Income Tax (Employments) Regulations 1993 (SI 1993/744) as amended, for example by The Income Tax (Employments) (Amendment No. 6) Regulations 1996 (SI 1996/2631) stipulate at least 3 years.
8
