If all organisations adhere to their Records Management policies and routinely destroy the records they are not required to keep, then these types of questions will not be asked because it will be known that the information is not available. The third parties who "require" such verification will learn to accept the evidence from the individual.
Make an exception for something and you're back on the path to keeping everything for ever "just in case".
Of course, if there is a clear business reason (for the organisation) for retaining something longer than the regulatory/legal requirement, then you write it into your schedules and follow it.
Neil.
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Ash, Jean
Sent: 01 March 2017 15:10
To: [log in to unmask]
Subject: Re: Retention of personnel files
As a practical example, I'm specifically thinking of staff who need some kind of "reference" or back-up information to support the statement in their cv which says they worked somewhere in a particular role for a period of time but that period was 20 to 40 years ago. Even if they had retained a personal record (eg payslip), additional evidence may sometimes be required from a third party with details of their actual role.
Doesn’t often happen but ........
Kind regards
Jean
-----Original Message-----
From: Madeleine McAllister [mailto:[log in to unmask]]
Sent: 01 March 2017 09:57
To: Ash, Jean; [log in to unmask]
Subject: RE: Retention of personnel files
What about payroll?
I think the question is whether it is the organisation's responsibility to hold onto records purely for the purpose of being able to provide this information in 20 years? HMRC would keep records, your pension provider has records, and presumably the former employee has records that would have this information - but individuals often don't keep their own records well and rely on organisations.
Opens up another interesting conversation about personal records management!
Regards
Madi McAllister
Information Governance & Records Management Officer London Borough of Merton
Tel: x 4180
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Ash, Jean
Sent: 28 February 2017 17:57
To: [log in to unmask]
Subject: Re: Retention of personnel files
Hi
We wondered about that. Our pension records may have a similarly short retention period with the masters held by the pension providers.
Kind regards
Jean Ash
Glasgow Caledonian University
-----Original Message-----
From: Madeleine McAllister [mailto:[log in to unmask]]
Sent: 28 February 2017 17:05
To: Ash, Jean; [log in to unmask]
Subject: RE: Retention of personnel files
You may have pension records which will show this.
Madi McAllister
Information Governance & Records Management Officer London Borough of Merton
Tel: x 4180
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Ash, Jean
Sent: 28 February 2017 17:04
To: [log in to unmask]
Subject: Re: Retention of personnel files
Hi
We keep personnel records for 7 years but we have recently been wondering, if we only keep records for that length of time, how does a member of staff who worked with us, maybe 20 years ago, prove that they ever worked here?
Kind regards
Jean Ash
Glasgow Caledonian University
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Jenny Willis
Sent: 28 February 2017 11:06
To: [log in to unmask]
Subject: Retention of personnel files
Dear All
Our HR consultant has recently suggested that we revise our current 7 year (from end of employment) personnel file retention to 1 year only - the justification being that normal time limits for employment tribunal cases are 3 to 6 months from end of employment (under the Extension of Jurisdiction Order 1994). In addition, she feels that the common reason for 7 year retention of personnel files is to ensure correct retention of payroll and tax records and that if these are held by Finance, the 7 year HR retention isn't necessary.
However, it's my understanding that 7 years is an industry standard owing to the 6 year time limit for breach of contract claims under the Limitations Act 1980. I know that the time limit for breach of contract 'shall not apply to any claim for specific performance of a contract' but am I right in thinking that there will be cases where the 6 years stated in the Limitations Act applies to employment tribunals and well as civil courts?
I believe that the ICO advice is that a recruitment record shouldn't be held for longer than 6 years. I would think that records which might be relevant to a claim of breach of contract would be: signed contract and amendments; training records; appraisal records; sick leave records; correspondence relating to promotion or disciplinary action. Does anyone hold these records for a shorter time or see any argument to do so?
Many thanks,
Jenny Willis
The Postal Museum
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