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Agree with Neil, do it the same way, and asbestos inspections etc are held in H&S. Madi McAllister Information Governance & Records Management Officer London Borough of Merton Tel: x 4180 From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Neil Gow Sent: 02 March 2017 11:20 To: [log in to unmask] Subject: Re: Retention of personnel files I agree with both Suzy and Tom, but in our system the occupational health records are classified separately from the HR records so it has no impact on the retention for HR records. That’s why it’s so important to get your classification right and not mix different types of records under one heading. Neil. From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Suzy Taylor Sent: 28 February 2017 15:57 To: [log in to unmask] Subject: Re: Retention of personnel files If your exposure records show an employee was exposed to asbestos, lead, excessive vibration or noise they should be kept for the full 40 years to protect against this kind of claim which can be brought up to 6 years after the individual finds out about the exposure – which in turn could be over 6 years after they leave your employ. Hope useful Suzy Suzy Taylor Information, Records and Projects Manager New College Durham 0191 3754422 From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of wilson tom Sent: 28 February 2017 15:42 To: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: Retention of personnel files Jenny think of this scenario, an employee leaves and within 6 years is diagnosed with asbestosis, or that the machine they operated was carcinogenic. What evidence do you hold for a legal case? This is the reason you should keep them IMHO Tom. On 28 February 2017 at 11:05 Jenny Willis <[log in to unmask]<mailto:[log in to unmask]>> wrote: 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? 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