Keep all job application records, including job descriptions, ads, resumes, pre-employment screenings, and offer or rejection letters for at least one year from the hiring date or rejection date. Employment contracts should be kept for at least three years. When requirements under state and federal laws conflict, always keep records for the longer timeframe. Personnel records — At least one year. Maintain a personnel file for each employee covering promotion, demotion, disciplinary actions, and transfers.
Save performance reviews for at least two years. The Employee Records Smart App can help you organize these digitally. I-9 Forms — One to three years. Keep I-9 verification forms for three years after the date of hire or one year after termination whichever is later.
Separation paperwork — At least one year. It is recommended that you hold on to any documentation related to termination or separation for at least five years, in case you encounter a wrongful termination case. Payroll records — At least three years. Save all paperwork related to wages, monetary awards, timesheets and time off requests for at least three years.
I like how this article from The Balance Careers sums it up:. They support the decisions that are made about the employee and his or her career. The EEOC states that all personnel and employment records made or used including, but not limited to, requests for reasonable accommodation, application forms submitted by applicants, and records dealing with hiring, promotion, demotion, transfer, lay-off or termination, rates of pay, compensation, tenure, selection for training or apprenticeship, or other terms of employment must be preserved.
According to SHRM , the following information should also be kept in a general personnel file:. In Massachusetts, for example, employees have the right to review their employee records, and the employer must provide the record within five business days of the request.
Personnel records are often disorganized and not in a central location, which can make it difficult to quickly pull them together when you need them. The bottom line for HR paperwork retention is to not keep extra liability on hand. Not sure what to keep or what to toss—or where to start?
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Already a BrightHR customer? Get support or login today. This factsheet was last updated by Lisa Ayling, solicitor and employment law specialist. However, while every care has been taken in compiling the information, the CIPD cannot be held responsible for any errors or omissions and the information is not intended as a substitute for specific legal advice. During her career she has advised companies and individuals on diverse legal issues including contractual disputes, restrictive covenants, TUPE, redundancy, unfair dismissal and discrimination.
Her practical experience includes all stages of claims in the employment tribunal, High Court and Appeal courts and many negotiated settlement agreements.
She has delivered numerous professional development courses for other members of the law profession, as well as assessing trainees on their advocacy, research and drafting skills. Learn how to mitigate the risk of breaching legislation through policies, processes and practices relating to Data Protection and GDPR in your organisation. Introduces data protection law in the UK, covering the obligations of employers and individual rights to accessing information.
Commonly asked questions on the legal issues relating to data protection, surveillance and privacy in the workplace. Learn about defining, measuring and reporting human capital, and the value of external workforce reporting. The UK legal position How this checklist of retention periods is organised Statutory retention periods Recommended non-statutory retention periods Useful contacts and further reading Explore our related content.
Introduction All organisations collect data relating to their employees — their HR records - including information on pay, sickness absence, or hours worked. What are HR records? Access, storage, format and destruction From 25 May , existing data protection duties in the UK were tightened up to adapt to the rapid expansion of technology and collection of data. Public sector records In the UK public sector there are many detailed rules about record retention.
Other special provisions Further special provisions may affect the retention of, or access to, data. How this checklist of retention periods is organised The checklist below is divided into two parts: Records where there are UK statutory retention periods, with the statutory authorities. Records where there are no UK statutory retention periods, with recommended retention periods. Statutory retention periods The main UK legislation regulating statutory retention periods is summarised below.
Special rules apply concerning incidents involving hazardous substances see below. Accounting records Statutory retention period: 3 years for private companies, 6 years for public limited companies. Statutory authority: Section of the Companies Act as modified by the Companies Acts and Statutory retention period: 6 years for furlough records.
The guidance says employers should retain the written furlough agreement for 5 years. But HMRC can retrospectively audit all claims so it is important to keep a copy of all records for 6 years minimum. Statutory authority: The record keeping requirement appears to be in the statutory guidance 'Claim for wages through the Coronavirus Job Retention Scheme'.
First aid training Statutory retention period: 6 years after employment. Fire warden training Statutory retention period: 6 years after employment. Statutory authority: Fire Precautions Workplace Regulations Income tax and NI returns, income tax records and correspondence with HMRC Statutory retention period: Not less than 3 years after the end of the financial year to which they relate. Medical records and details of biological tests under the Control of Lead at Work Regulations Statutory retention period: 40 years from the date of the last entry.
Medical records under the Control of Asbestos at Work Regulations: medical records containing details of employees exposed to asbestos and medical examination certificates Statutory retention period: 40 years from the date of the last entry medical records ; 4 years from the date of issue medical examination certificates. Medical records under the Ionising Radiations Regulations Statutory retention period: Until the person reaches 75 years of age, but in any event for at least 50 years.
National minimum wage records Statutory retention period: 3 years after the end of the pay reference period following the one that the records cover. Statutory authority: National Minimum Wage Act Statutory authority: Taxes Management Act Records of tests and examinations of control systems and protective equipment under the Control of Substances Hazardous to Health Regulations COSHH Statutory retention period: 5 years from the date on which the tests were carried out.
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