Policy Statement

Jubilee Personnel Services Limited believes that all records required for the business to meet all of its legal responsibilities and for the effective and efficient running of the organisation should be maintained accurately and should be up to date. All individual records and organisation records are kept in a confidential and secure fashion and are subject at all times to the Privacy Policy of the company.

Aim of the Policy This policy is intended to set out the principles and policies underpinning this organisation’s approach to record keeping, data protection and access to records. As well as a framework for timescales for retaining records.

All businesses must keep personnel and financial records in order to run their business efficiently and to comply with statutory requirements. The type of record will determine the length of time the record must be kept for.

Remember that:

1. All records must be kept in accordance with data protection laws. Extra care should be taken with ‘sensitive personal data’ i.e. data relating to race, ethnic origin, political or religious opinions or philosophical beliefs, trade union membership, data concerning health or a person’s sex life or sexual orientation or criminal records.

2. Businesses collecting personal data must register with the Information Commissioner’s Office;

3. You are not required to keep the original of all documents – copies can be stored but they must be stored in writing, including in electronic format.

4. If erasing or destroying records, then destruction must be done securely using the shredder bins provided.

Document type

How long to keep for (and source of requirement)

  Personnel Records

Temporary Workers

  • Work-seeker records including application form/CV, ID checks, terms of engagement (see also below), details of assignments, opt-out notices and interview notes
  • Hirer records including client details, terms of business (see below), assignment/vacancy details.

6 years from the last date of providing work-finding services as an Employment Agency or Employment Business (Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations))

Permanent Candidate Information

  •   Name and Address
  •   CV & previous Work History

On day 1 of information being processed a privacy notice is to be sent. After 3 Years and every 3 years from there on in a privacy notice will be communicated to ensure candidate knows we still have work seeking information on file.

Terms of engagement with temporary worker and terms of business with clients.

6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980) (5 years in Scotland).

Please note that 6 years is not a minimum legal requirement but is the time period in which a contractual claim can be made. You will still have to establish why it is necessary to keep these records.

Working time records:

• 48 hour opt out notice

• Annual leave records

6 years from the time they were created

References

Under data protection laws, only keep records for as long as is necessary. However, the Conduct Regulations require references to be kept for 1 year following the introduction or supply of a work-seeker to a client.

National Minimum Wage documentation:

• Total pay by the worker and the hours worked by the  worker

• Overtime/shift premia;

• Any deduction or payment of accommodation;

• Any absences eg rest breaks, sick leave, holiday;

• Any travel or training during working hours and its length;

• Total number of hours in a pay reference period

For HMRC purposes: 3 years after the end of the pay reference period following the one that the records cover (National Minimum Wage Act 1998)

Or 6 years (5 in Scotland) in order to show that you have paid at least national minimum wage rates if a breach of contract claim is brought against you.

Statutory maternity, paternity, adoption pay

3 years from the end of the tax year to which it relates

Pensions auto-enrolment (including auto-enrolment date, joining date, opt in and opt out notices, contributions paid)

6 Years

Company Financial Records

VAT

6 Years

Company Accounts

6 Years
  • Payroll information
  • CIS Records

3 Years From the End of the Tax Year

ITEPA (the intermediaries legislation) records

Report due every quarter, to be kept for no less than 3 years after the end of the tax year to which they relate.