I think most UK schools are currently operating a ban on destroying pupil files whilst the Independent Enquiry into Child Sex Abuse is underway (as advised by most schools' lawyers I think and Farrers at last years School Archivists Group Conference). I would think that school staff files would fall under this same constraint for the moment.
Best wishes
Angela
Mrs Angela Kenny
Archivist & Alumni Relations
Royal Commission for the Exhibition of 1851
453 Sherfield Building
Imperial College
London SW7 2AZ
Twitter: @royalcom1851
Tel: +44(0)20 7594 8790
www.royalcommission1851.org.uk
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Madeleine McAllister
Sent: 28 February 2017 11:47
To: [log in to unmask]
Subject: Re: Retention of personnel files
I agree with Meic.
Regarding staff who work with children, you can use:
Retain for C+ 6 years following termination. Retain until normal retirement age or 10 years from the date of the allegation whichever is longer - if* (see note below)
* Only retain these records for longer if: - there were concerns about the behaviour of an adult who was working with children where s/he behaved in a way that has harmed, or may have harmed the child; - the adult possibly committed a criminal offence against, or related to, a child; - the adult behaves towards a child in a way that indicates that s/he is unsuitable to work with children.
For safeguarding records i.e. the actual allegation investigations, you can use the following for staff who work with children:
** Note: The following is an extract from “Working Together to Safeguard Children“(2006) p.241: "It is important that employers keep a clear and comprehensive summary of any allegations made, details of how the allegations were followed up and resolved, and of any action taken and decisions reached. These should be kept in a person's confidential personnel file and a copy given to the individual. Such information should be retained on file, including for people who leave the organisation, at least until the person reaches normal retirement age, or for 10 years it that is longer. The purpose of the record is to enable accurate information to be given in response to any future request for a reference. It will provide clarification in cases where a future CRB disclosure reveals information from the police that an allegation was made but did not result in a prosecution or conviction. it will also prevent unnecessary re-investigation if, as sometimes happens, allegations resurface after a period of time".
If you want to extend this to staff who work with vulnerable adults just make sure that you are not hindered by Employment Law.
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 Meic Pierce Owen
Sent: 28 February 2017 11:37
To: [log in to unmask]
Subject: Re: Retention of personnel files
'Current year plus...' is rarely a bad idea.
Note list- I said 'rarely' rather than 'never' :)
-----Original Message-----
From: Joanna Green [mailto:[log in to unmask]]
Sent: 28 February 2017 11:23
To: Meic Pierce Owen; [log in to unmask]
Subject: RE: Retention of personnel files
I agree, Meic. Although 6 is often recommended, it is not quite enough to ensure you are able to defend claims filed right at the end of the limitation period; you might not be informed of such claims for a couple of weeks while they go through the court system and eventually land on the right desk. Additionally, claims are sometimes permitted out of time, so my advice is always to hang on to evidence for 7 years rather than 6.
Jo
Joanna Green
Clerk to the Bradford College Group
01274 433213
F Floor, Old Building, Great Horton Road, Bradford BD7 1AY
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Meic Pierce Owen
Sent: 28 February 2017 11:11
To: [log in to unmask]
Subject: Re: Retention of personnel files
Hi Jenny
I would stick with current plus 6 (ie 7)- your other advice is at best untested. Indeed, you should be looking at longer rather than shorter for individuals working with children or vulnerable adults.
Meic
Meic Pierce Owen
Records Manager
Perth and Kinross Council.
-----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
To view the list archives go to: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.jiscmail.ac.uk_cgi-2Dbin_webadmin-3FA0-3DRECORDS-2DMANAGEMENT-2DUK&d=CwIGaQ&c=HmJinpA0me9MkKQ19xEDwK7irBsCvGfF6AWwfMZqono&r=hlY7XvDzlutScMUZv2FUgUm4xx54yhiT-WkOL-6WAlCnQYGc753dWS-_FLPxw8dm&m=6zfm6KIaMUVRxiKdrTop5JpOVk-d11WbIgCkdGdXvoI&s=JXnv7zQWOMqVa78B0Ptz8b2PNOypyhXOfaPRDnYJwx0&e=
To unsubscribe from this list, send an email to [log in to unmask] with the words UNSUBSCRIBE RECORDS-MANAGEMENT-UK
For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask]
Securing the future... - Improving services - Enhancing quality of life - Making best use of public resources.
The information in this email is solely for the intended recipients.
If you are not an intended recipient, you must not disclose, copy, or distribute its contents or use them in any way: please advise the sender immediately and delete this email.
Perth & Kinross Council, Culture Perth and Kinross and TACTRAN do not warrant that this email or any attachments are virus-free and does not accept any liability for any loss or damage resulting from any virus infection. Perth & Kinross Council may monitor or examine any emails received by its email system.
The information contained in this email may not be the views of Perth & Kinross Council, Culture Perth and Kinross or TACTRAN.
It is possible for email to be falsified and the sender cannot be held responsible for the integrity of the information contained in it.
Requests to Perth & Kinross Council under the Freedom of Information (Scotland) Act should be directed to the Freedom of Information Team - email: [log in to unmask]
General enquiries to Perth & Kinross Council should be made to [log in to unmask] or 01738 475000.
General enquiries and requests under the Freedom of Information (Scotland) Act to Culture Perth and Kinross should be made to [log in to unmask] or 01738 444949
General enquiries to TACTRAN should be made to [log in to unmask] or 01738 475775.
Securing the future... - Improving services - Enhancing quality of life - Making best use of public resources.
To view the list archives go to: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.jiscmail.ac.uk_cgi-2Dbin_webadmin-3FA0-3DRECORDS-2DMANAGEMENT-2DUK&d=CwIGaQ&c=HmJinpA0me9MkKQ19xEDwK7irBsCvGfF6AWwfMZqono&r=hlY7XvDzlutScMUZv2FUgUm4xx54yhiT-WkOL-6WAlCnQYGc753dWS-_FLPxw8dm&m=6zfm6KIaMUVRxiKdrTop5JpOVk-d11WbIgCkdGdXvoI&s=JXnv7zQWOMqVa78B0Ptz8b2PNOypyhXOfaPRDnYJwx0&e=
To unsubscribe from this list, send an email to [log in to unmask] with the words UNSUBSCRIBE RECORDS-MANAGEMENT-UK
For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask]
Securing the future... - Improving services - Enhancing quality of
life - Making best use of public resources.
The information in this email is solely for the intended recipients.
If you are not an intended recipient, you must not disclose, copy,
or distribute its contents or use them in any way: please advise
the sender immediately and delete this email.
Perth & Kinross Council, Culture Perth and Kinross and TACTRAN do not warrant that this email or any attachments are
virus-free and does not accept any liability for any loss or damage
resulting from any virus infection. Perth & Kinross Council may
monitor or examine any emails received by its email system.
The information contained in this email may not be the views of
Perth & Kinross Council, Culture Perth and Kinross or TACTRAN.
It is possible for email to be falsified and the sender cannot be
held responsible for the integrity of the information contained in it.
Requests to Perth & Kinross Council under the Freedom of
Information (Scotland) Act should be directed to the Freedom of
Information Team - email: [log in to unmask]
General enquiries to Perth & Kinross Council should be made to
[log in to unmask] or 01738 475000.
General enquiries and requests under the Freedom of Information (Scotland) Act
to Culture Perth and Kinross should be made to
[log in to unmask] or 01738 444949
General enquiries to TACTRAN should be made to
[log in to unmask] or 01738 475775.
Securing the future... - Improving services - Enhancing quality of
life - Making best use of public resources.
To view the list archives go to: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.jiscmail.ac.uk_cgi-2Dbin_webadmin-3FA0-3DRECORDS-2DMANAGEMENT-2DUK&d=CwIGaQ&c=HmJinpA0me9MkKQ19xEDwK7irBsCvGfF6AWwfMZqono&r=hlY7XvDzlutScMUZv2FUgUm4xx54yhiT-WkOL-6WAlCnQYGc753dWS-_FLPxw8dm&m=6zfm6KIaMUVRxiKdrTop5JpOVk-d11WbIgCkdGdXvoI&s=JXnv7zQWOMqVa78B0Ptz8b2PNOypyhXOfaPRDnYJwx0&e=
To unsubscribe from this list, send an email to [log in to unmask] with the words UNSUBSCRIBE RECORDS-MANAGEMENT-UK
For any technical queries re JISC please email [log in to unmask]
For any content based queries, please email [log in to unmask]
----------------------------------------------------------------------
Please help to reduce waste and do not print this message unless you really need to.
This message, including any attached files, is intended just for the use of the individual or organisation to whom it is addressed. Any opinions expressed are those of the sender, not Merton Council. Email is not secure, and the council accepts no responsibility for any inaccuracy, corruption or virus which has occurred during transmission.
This email may be subject to monitoring in accordance with relevant legislation and may be disclosed in response to a request under the Freedom of Information Act 2000.
The message may contain information that is confidential or sensitive; you should handle it accordingly.
If you have received this email message in error, you must not copy, disclose or make any further use of the information contained within it. Please notify the system manager ([log in to unmask]) or the Head of Information Governance ([log in to unmask]), and delete the message.
[log in to unmask]
http://www.merton.gov.uk
-----------------------------------------------------------------
To view the list archives go to: https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=RECORDS-MANAGEMENT-UK
To unsubscribe from this list, send an email to [log in to unmask] with the words UNSUBSCRIBE RECORDS-MANAGEMENT-UK
For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask]
To view the list archives go to: https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=RECORDS-MANAGEMENT-UK
To unsubscribe from this list, send an email to [log in to unmask] with the words UNSUBSCRIBE RECORDS-MANAGEMENT-UK
For any technical queries re JISC please email [log in to unmask]
For any content based queries, please email [log in to unmask]
|
