Most of the suggested retention periods for the latter group of such records are simply the limitation period for bringing legal action. In the event that employment contracts/accident record books and other personnel records are needed for the purpose of a legal action, the originals must be made available or the employer must explain what happened to the original documents backed up by what is known as a 'statement of truth'.
Where the recommended retention period is six years, this is based on the six year time limit within which legal proceedings must be commenced as laid down under the Limitation Act 1990. Thus, where documents may be relevant to a contractual claim, it is recommended that these be retained for at least the corresponding six year limitation period.
Statutory Retention Periods
Record |
Statutory retention period |
Statutory authority |
Accident books, accident records/reports |
3 years after the date of the last entry (see below for accidents involving chemicals or asbestos) |
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) |
Accounting records |
3 years for private companies, 6 years for public limited companies |
Section 221 of the Companies Act 1985 |
Income tax and NI returns, income tax records and correspondence with the Inland Revenue |
not less than 3 years after the end of the financial year to which they relate |
The Income Tax (Employments) Regulations 1993 |
Medical records and details of biological tests under the Control of Lead at Work Regulations 1998 |
40 years from the date of the last entry |
The Control of Lead at Work Regulations 1998 |
Medical records as specified by the Control of Substances Hazardous to Health Regulations 1999 |
40 years from the date of the last entry |
The Control of Substances Hazardous to Health Regulations 1999 (COSHH) |
Medical records under the Control of Asbestos at Work Regulations 1987and 1998
|
|
The Control of Asbestos at Work Regulations |
Medical records under the Ionising Radiations Regulations 1999 |
until the person reaches 75 years of age, but in any event for at least 50 years |
The Ionising Radiations Regulations 1999 |
Records of tests and examinations of control systems and protective equipment under the Control of Substances Hazardous to Health Regulations 1999 |
5 years from the date on which the tests were carried out |
The Control of Substances Hazardous to Health Regulations 1999 (COSHH) |
Records relating to children |
until the child reaches the age of 21 |
Limitation Act 1980 |
Records relating to events notifiable under the Retirement Benefits Schemes (Information Powers) Regulations 1995, records concerning decisions to allow retirement due to incapacity, pension accounts and associated documents |
6 years from the end of the scheme year in which the event took place, or the date upon which the accounts/reports were signed/completed. |
The Retirement Benefits Schemes (Information Powers) Regulations 1995 |
Statutory Maternity Pay records, calculations, certificates (Mat B1s) or other medical evidence |
3 years after the end of the tax year in which the maternity period ends |
The Statutory Maternity Pay (General) Regulations 1986 |
Statutory Sick Pay records, calculations, certificates, self-certificates |
3 years after the end of the tax year to which they relate |
The Statutory Sick Pay (General) Regulations 1982 |
Wage/salary records (also overtime, bonuses, expenses) |
6 years |
Taxes Management Act 1970 |
Recommended Retention Periods (ie where no statutory retention periods exist)
Record |
Recommended retention period |
Actuarial valuation reports |
permanently |
Application forms and interview notes (for unsuccessful candidates) |
1 year |
Assessments under Health and Safety Regulations and records of consultations with safety representatives and committees |
permanently |
Inland Revenue approvals |
permanently |
Money purchase details |
6 years after transfer or value taken |
Parental leave |
5 years from birth/adoption of the child or 18 years if the child receives a disability allowance |
Pension scheme investment policies |
12 years from the ending of any benefit payable under the policy |
Pensioners' records |
12 years after benefit ceases |
Personnel files and training records (including disciplinary records and working time records) |
6 years after employment ceases |
Redundancy details, calculations of payments, refunds, notification to the Secretary of State |
6 years from the date of redundancy. |
Senior executives' records |
permanently for historical purposes |
Time cards |
2 years after audit |
Trade union agreements |
10 years after ceasing to be effective |
Trust deeds and rules |
permanently |
Trustees' minute books |
permanently |
Works council minutes |
permanently |
Conclusion
Retention of records is a complex area. Companies following good practice would ideally have a document retention policy and monitoring programme that is communicated to all staff. These would encompass the regulations above. This may involve training, not only about the legal issues involved, but also why having organised records benefits the business. Senior management will need to show a commitment to ensure that these procedures are followed.
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