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I think you also need to give some consideration to the nature of the
allegation and who is making that allegation.

Obviously if its of physical or sexual abuse then child safety is paramount
and longer retention, regardless of the outcome of any investigation may
well be justified.

A more minor (and I use the word advisedly) offence of financial impropriety
may warrant a shorter retention period.

In my authority social care HR retain all papers on employees who are sacked
for gross misconduct 'indefinitely' (although we are addressing that) but
papers relating to investigations into employees who are found guilty of
offences that don't warrant misconduct have the information destroyed after
the warning period expires.  For example a person who has been using the
internet in work time for personal use might receive a 6 month warning
(another offence within 6 months would lead to dismissal) and all papers
relating to the disciplinary would be destroyed once the 6 months has
expired.

Also is it warranted to retain details of an allegation until someone is 70
if they are exonerated? Also what if the allegation is malicious?

-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Gadsden Anne
(RNL) NCAH NHS Trust
Sent: Fri 09 February 2007 13:06
To: [log in to unmask]
Subject: Re: Retention- Allegations against staff

If it went to disciplinary then we would regard it as a 'major' Human
Resources record and kept for 6 years after the employee leaves service
(then summary up to their 70th birthday).

You would presumably instigate an investigation into any allegation made
against a member of staff.  I would have thought that even if it did not go
to disciplinary, and there was no basis found for the allegation, you should
still keep a record of the investigation in case a challenge is made to your
original findings.  Of course a member of staff may not be too happy to have
an allegation kept on file if no proof and no further action was taken, but
I would still argue against getting rid of the records, because you still
need to show that you have followed due process - for the sake of the
complainant, and for the sake of the member of staff, and also for the sake
of your organisation! 


Anne
Cumberland Infirmary
(01228 814539)
[log in to unmask]
 

-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Fiona Lewis
Sent: 09 February 2007 11:58
To: [log in to unmask]
Subject: Retention- Allegations against staff

Hi,

I've been asked about the retention of records relating to allegations
against staff, including those at schools.

Does anyone know of a retention period I should use or is willing to share
what they use?

Many thanks.


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