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Good point Madi.  

What a staff member was paid each month has now become very important with the change of pensions to career average earnings. We are now keeping the consolidated (spreadsheet) monthly pay records  to allow us the possibility to recalculate pension entitlements when we have a dispute. If you do not hold any evidence it is very difficult to argue what is the correct level.

HR records can also be used to defend claims for longer term injuries. For example asbestos related illness where individuals have the right to claim after they become aware of the cause to themselves. This may occur very late in their life. If we do not know where that individual worked, when they worked for us or their job roles we do not have the evidence to either agree to a claim or to challenge it. Currently we know about asbestos, but who knows what future issues will be. 
Thanks
Tony

-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Madeleine McAllister
Sent: 01 March 2017 09:57
To: [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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