Hi Elen,
We are currently also reviewing our retention schedule, and I have done a lot of work with HR recently. We have not yet published our updated schedule for HR, but have reached agreement on the areas you are asking about. I don't take any legal responsibility for the following, but this is our best understanding on which we have based our business requirements.
Sickness records: retained as part of main employee file, ie
- 6 years (standard)
- 10 years (if the employee has worked with vulnerable adults)
- 25 years (if the employee has worked with children)
- 40 years (if the employee has worked with asbestos, lead or other COSHH hazardous substances)
- 50 years (if the employee has worked with ionising radiation)
This is a business requirement underpinned by the following legislation we have referred to:
Limitation Act 1980 s.5
Children's Act 2004
Vulnerable Groups Act 2006
Control of Lead at Work Regulations 1998 & 2002
Control of Substances Hazardous to Health Regulations 1999 and 2002
Control of Asbestos at Work Regulations 2002, 2006, 2012
Ionising Radiations Regulations 1999
Disciplinary records:
- Formal Disciplinary Process - Safeguarding Issues (adults or children) - retain as part of main employee file (as above)
- Formal Disciplinary Process - non-safeguarding resulting in permanent sanctions - retain as part of the main employee file as above
The above are business requirements based on Limitation Act 1980 s.5 and CIPD Factsheet recommendation 2017
- Formal Disciplinary Process - non-safeguarding resulting in time limited sanctions - retain until expiry of sanction
- Formal disciplinary process - non-safeguarding resulting in no sanctions - retain until conclusion of disciplinary process (inc. appeal if applicable)
Both of the above are business requirements based on Limitation Act 1980 s.5
- Disciplinary notifications to external agencies - retain as part of main employee file as above.
- Informal disciplinary guidance and support by managers - retain as part of employee file as above
Both of the above are a business requirement.
- Employment Tribunals - retain for 6 years form date of tribunal. Based on Limitation Act 1980 s.5, and the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008
Hope this helps.
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