In a message dated 28/09/2000 10:26:59 GMT Daylight Time,
[log in to unmask] writes:
<< I would welcome some opinion on the issue of storing personnel data for
ex-employees...
How far back should we be doing references ? The storage of files and
accurate data is a big issue especially if staff are trawling through a
large archive. Should we have a cut off date say 1990 and not do any
references prior to then unless an existing staff member remembers the
employee under review ? >>
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I am under the impression that the statute of limitations on relevant
employment data says it should be kept for six years after the year in which
the employment ceased (i.e. up to seven years if they leave very early in
that year). As this is a minimum period, records might be kept for longer
where other legislation or legal justification exists. For example, I believe
that work records held about staff working with hazardous substances have to
be kept for 20 years and for those working with asbestos the period goes up
to 30 years (please check all these periods as my memmorrry is flailing).
Incoming references would only be relevant for the purposes of ensuring the
right person is employed and for a reasonable period afterwards to make sure
they were't lying on the application form or cv. I doubt whether these
should be held any longer than the person's actual employment period because
what use are they afterwards? You can't sack them once they've left.
In terms of outgoing references after the person has left you would need to
be very careful, you must make it clear that you cannot comment on any aspect
of their work after leaving your employment and that only relevant
information will be disclosed. Be careful when passing on opinions about the
person (e.g. "This person is honest and trustworthy") because if they then
steal something in their new job you might be sued.
Will you only disclose with the person's consent? How will you record that
consent?
Take care.
Ian Buckland
MD
Keep IT Legal Ltd
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