Data Retention Policy
1 Introduction
1.1 This policy sets out how long employment/recruitment-related information will normally be held by us and when that information will be confidentially destroyed.
2 Responsibility
2.1 The Data Protection Lead, currently Naomi Howells, is responsible for implementing and monitoring compliance with this policy.
2.2 The Data Protection Lead will undertake an annual review of this policy to verify that it remains effective and reflects current legal, regulatory and operational requirements.
3 Our process
3.1 Information (hard copy and electronic) will be retained for the period specified in our Records Retention Schedule.
3.2 All information must be reviewed before destruction to determine whether there are special factors that mean destruction should be delayed, such as potential litigation, complaints or grievances.
3.3 Hard copy and electronically-held documents and information must be deleted at the end of the retention period, unless there is a requirement to delay deletion (as per paragraph 3.2)
3.4 Hard copy documents and information must be disposed of by shredding.
3.5 Salesforce, including the Notes and Attachments section of each candidate card, is Class People's approved secure storage location for candidate documentation, including DBS and criminal records information retained in accordance with this policy. Other records must be stored only in approved Class People systems or secure physical storage.
3.6 Consultants, compliance staff and managers with individual Salesforce accounts are authorised to access candidate records where reasonably required for recruitment, safeguarding, placement, compliance or management duties. Records must not be accessed, copied, downloaded, disclosed or used for any unrelated purpose, and must not be stored on personal devices, personal email accounts or other unauthorised locations.
4 Training and Awareness
4.1 All existing staff will complete appropriate data protection, information security and records-retention training following approval of this policy. Relevant training will also form part of induction for new starters and will be refreshed annually through Flick Learning or another approved training platform.
4.2 Class People will retain records of training completed after implementation of this policy.
1. Records Retention Schedule
This Record Retention Schedule sets out the time periods that different types of records must be retained for business and legal purposes.
The retention periods are based on business needs and legal requirements and should be read in accordance with Class People’s Data Protection Policy. If a record is not listed in this schedule, or the appropriate period is unclear, staff must contact the Data Protection Lead for guidance before retaining or deleting it.
Any departure from the retention periods in this schedule must be approved in advance by the Managing Director, Naomi Howells, and the reason must be documented.
The schedule covers internal employee and applicant records, work-seeker records, and payroll and salary records.
1 Internal employee/applicants for internal roles
| Record | Retention Period | Storage Format | Lawful basis and reference |
|---|---|---|---|
| Rejected job applicant records, including:Contact detailsCV/ApplicationsReferencesTest resultsInterview notes | Six months after applicant is notified of rejection. | Paper or electronic | Legitimate business interestTo ensure that you do not accept multiple applications from the same rejected candidateTo consider alternative roles for the candidateTo demonstrate fair and non-discriminatory recruitment processKept in line with the Equality Act 2010 (s.123) |
| Application records of successful candidates, including:CV/ApplicationsReferencesTraining certificatesCorrespondence concerning employmentTest resultInterview notes | Up to the end of six years after employment ceases | Paper or electronic | Legitimate business interestTo protect the business against any legal claims for breach of contractKept in line with the Limitation Act 1980 (s.5)To demonstrate compliance with a fair and non-discriminatory recruitment process |
| Employment contracts including:Training recordsWritten particulars of employmentChanges to terms and conditions | Up to the end of six years after employment ceases. Where an agreement is executed as a deed, retain for 12 years from the date on which the relevant cause of action accrued. | Paper or electronic | Legitimate business interestTo protect the business against any legal claims for breach of contractKept in line with the Limitation Act 1980 (s.5)Confirmation of rights and obligations owed and due by employee- employer |
| Employee performance and conduct records:Probationary reviewsReview and appraisal notesPromotions/demotions | Up to seven years after employment ceases | Paper or electronic | Legitimate business interestTo protect the business against any legal claims for breach of contractKept in line with the Limitation Act 1980 (s.5)Confirmation of rights and obligations owed and due by employee- employer |
| Other employment recordsRedundancy recordsAnnual leave recordsParental leave recordsSickness recordsReturn to work meetings | Up to the end of six years after employment ceases | Paper or electronic | Legitimate business interestTo protect the business against any legal claims for breach of contractKept in line with the Limitation Act 1980 (s.5)Confirmation of rights and obligations owed and due by employee- employer |
| Copies of identification documents/right to work | Kept for two years from date of termination of employment | Paper or electronic | Legal obligationKept in line with the Immigration (Restrictions on Employment) Order (Art 6(1)(b)) |
| Records relating to/demonstrating compliance with Working Time Regulations 1998:Registration of work and rest periodsWorking time opt-out forms | Kept for two years from the date on which the record was made | Paper or electronic | Legal obligationKept in line with the Working Time Regulations 1998 (Regulation 9) |
| Criminal records informationInformation formsDBS check formsDBS certificates | Copies of full DBS certificates should normally be retained for no longer than six months after the relevant recruitment or employment decision. A longer period may be used only where an exceptional safeguarding, legal, regulatory or dispute-related reason is documented. Limited audit information, such as the certificate number, level, issue date, date sighted and decision outcome, may be retained for the applicable employment-record retention period. | Approved Class People systems or secure physical storage; access limited to authorised staff with a legitimate business need. | Legal obligation and substantial public interest, as applicable Safeguarding and safer recruitment requirements DBS Code of Practice and Class People Appropriate Policy Document |
2 Work-seeker records
| Record | Retention Period | Storage Format | Lawful basis and reference |
|---|---|---|---|
| Work-seeker recordsName/address and if under 22, date of birthAny terms between recruitment business and the work-seeker and any variationsDetails of the work-seeker’s training, experience, qualifications and any authorisation to undertake particular workNames of hirers to whom the work-seeker is introduced or suppliedDetails of any resulting engagement and date from which it takes effectDetails of any enquiries made under Regulations 19, 20 and 22 about the work-seeker and the position concerned | Kept for one year after you last provided your work-finding service | Paper or electronic | Legal obligationKept in line with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Reg 29)Legitimate business interestTo protect the business against any legal claims for breach of contractKept in line with the Limitation Act 1980 (s.5)To keep records to demonstrate that safeguarding processes are adhered to and followedTo contact the candidate for any further work-finding servicesTo protect your business against any legal claims |
| Records relating to/demonstrating compliance with Working Time Regulations 1998:Registration of work and rest periodsWorking time opt-out forms | Kept for two years from the date on which the record was made | Paper or electronic | Legal obligationKept in line with the Working Time Regulations 1998 (Reg 9) |
| Copies of identification documents/right to work | Kept for two years from date of termination of employment | Paper or electronic | Legal obligationKept in line with the Immigration (Restrictions on Employment) Order (Art 6(1)(b)) |
| Criminal records informationInformation formsDBS check formsDBS certificates | Copies of full DBS certificates should normally be retained for no longer than six months after the relevant recruitment or placement decision. A longer period may be used only where an exceptional safeguarding, legal, regulatory or dispute-related reason is documented. Limited audit information, such as the certificate number, level, issue date, date sighted, Update Service status and decision outcome, may be retained for the applicable work-seeker record retention period. | Electronic - Notes and Attachments on the relevant candidate card in Salesforce. Hard copies may be held only where operationally necessary and must be stored securely. | Legal obligation and substantial public interest, as applicable Safeguarding and safer recruitment requirements DBS Code of Practice and Class People Appropriate Policy Document |
3 Payroll and salary records
| Record | Retention Period | Storage Format | Lawful basis and reference |
|---|---|---|---|
| Payroll information | Kept for three years after the end of the tax year to which they relate | Paper or electronic | Legal obligationKept in line with Income Tax (Pay As You Earn) Regulation 2003 (Regulation 97) |
| Intermediary reporting information | Kept for three years after the end of the tax year to which they relate | Paper or electronic | Legal obligationKept in line with Income Tax (Earnings and Pensions Act 2003) (Section 716B) as well as The Income Tax (Pay As You Earn) (Amendment No.2) Regulations 2015 |
| VAT recordsKeep records of sales and purchasesKeep a separate summary of VAT called VAT accountIssue correct VAT invoices | Kept for six years | Paper or electronic | Legal obligation |
| Company accounts | Kept for six years from the end of the last company financial year they relate to | Paper or electronic | Legal obligation |
| CIS records | Kept for at least three years after the end of the tax year that they relate to | Paper or electronic | Legal obligationKept in line with The Income Tax (Construction Industry Scheme) Regulations 2005 (Regulation 51) |
| National minimum wage recordsRecords demonstrating compliance with national minimum wage requirements including hours worked | Kept for at least six years beginning with the day on which the pay reference period immediately following the one to which the records relate ends. | Paper or electronic | Legal obligationKept in line with National Minimum Wage Regulations 2015 (Regulation 59) |
| Sickness records | Should not be kept for longer than three years | Paper or electronic | Legitimate business interestTo demonstrate that statutory sick pay has been paid/demonstrate why it was not paid in the event that HMRC investigate |
| Statutory Maternity/paternity and adoption pay | Kept for three years after the end of the tax year in which the period of statutory pay ends | Paper or electronic | Legal obligationKept in line with Statutory Maternity Pay (General) Regulations 1986 (and other corresponding legislation) (Regulation 26) |
| Pensions auto-enrolment | Most automatic-enrolment records must be retained for at least six years. Opt-out notices must be retained for four years. | Paper or electronic | Legal obligation |