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Records Retention Policy and schedule

BJS Distribution Storage & Couriers Ltd
  1. Introduction
    1. This policy sets out how long employment-related information will normally be held by us and when that information will be confidentially destroyed.
  2. Responsibility
    1. The HR Manager is responsible for implementing and monitoring compliance with this policy.
    2. They will undertake an annual review of this policy to verify that it is in effective operation.
  3. Our process
    1. Information (hard copy and electronic) will be retained for at least the period specified in our Records retention schedule.
    2. All information must be reviewed before destruction to determine whether there are special factors that mean destruction should be delayed, such as potential litigation, complaints or grievances.
    3. Hard copy and electronically-held documents and information must be deleted at the end of the retention period.
    4. Hard copy documents and information must be disposed of by means of shredding
Records Retention Schedule
BJS Distribution Storage & Couriers Ltd
Contents
  1. Employment records
  2. Payroll and salary records
  3. Health and Safety records
Introduction
This Record retention schedule accompanies and is incorporated into BJS Distribution Storage & Couriers Ltd’s Records Retention Policy. It sets out the time periods that different types of (employment-related) business records must be retained for business and legal purposes. This is a relatively lengthy document listing the many types of employment-related records used by BJS Distribution Storage & Couriers Ltd’s and the applicable retention periods for each record type.
The retention periods are based on business needs and legal requirements. If you maintain any types of records that are not listed in this Schedule, and it is not clear from the existing record types in this Schedule what retention period should apply, please contact dataprotection@bjshomedelivery.com for guidance.
Any deviation from the retention periods in this Schedule must be approved in advance by  our HR Manager.

 

  1. Employment records
    1. Personnel records
RecordRecommended retention periodStorage formatReference
Rejected job applicant records, including:
contact details
application letters or forms
CVs
references
certificates of good conduct
interview notes
assessment and psychological test results
Seven months after applicant is notified of rejectionPaper or electronicICO Employment Practices Code para 1.7
Equality Act 2010, s 123
Application records of successful candidates, including:
application letters or forms
copies of academic and other training received
references
correspondence concerning employment
CVs
interview notes and evaluation forms
assessment and psychological test papers and results
Seven years after employment ceasesPaper or electronicLimitation Act 1980 (LA 1980), s 5
Criminal records information:
criminal records requirement assessments for a particular post
criminal records information forms
the Disclosure and Barring Service (DBS) check forms
DBS certificates
Criminal records requirement assessments for a particular post—12 months after the assessment was last used
All other information in this category—as soon as practicable after the check has been completed and the outcome recorded (ie whether satisfactory or not) unless, in exceptional circumstances, HR Manager assesses that it is clearly relevant to the ongoing employment relationship eg to allow for consideration and resolution of any disputes or complaints in which case, six months
If HR Manager considers it necessary to keep the information for longer than six months, the DBS should be consulted
Paper or electronicDBS guidance for employers: Duration of criminal record check validity

ICO Employment Practices Code Nov 2011, part 1.7.4
Employment contracts, including:
personnel and training records
written particulars of employment
changes to terms and conditions
Seven years after employment ceases, unless document executed as a deed, in which case 12 years after employment ceasesPaper or electronicLA 1980, ss 5, 8
Directors’ service contracts and any variationsSeven years from termination or expiry of the contract, unless executed as a deed, in which case 12 years from termination or expiryPaper or electronicLA 1980, ss 5, 8
Companies Act 2006, ss 227 and 228
Copies of identification documents (eg passports)Not less than two years from date of termination of employmentPaper or electronicImmigration (Restrictions on Employment) Order SI 2007/3290, Art 6(1)(b)
Identification documents of foreign nationals (including right to work)Not less than two years from date of termination of employmentPaper or electronicImmigration (Restrictions on Employment) Order SI 2007/3290, art 6(1)(b)
Records concerning a temporary workerSeven years after employment ceasesPaper or electronicLA 1980, s 5
Employee performance and conduct records, including:
probationary period reviews
review meeting and assessment interviews
appraisals and evaluations
promotions and demotions
Seven years after employment ceasesPaper or electronicLA 1980, s 5
Records relating to and/or showing compliance with Working Time Regulations 1998 including:
registration of work and rest periods
working time opt-out forms
Two years from the date on which the record was madePaper or electronicWorking Time Regulations 1998, SI 1998/1833, reg 9
Redundancy recordsSeven years from date of redundancyPaper or electronicLA 1980, s 5
Annual leave recordsSeven years after the end of each tax yearPaper or electronicLA 1980, s 5
Parental leave recordsSeven years after the end of each tax yearPaper or electronicLA 1980, s 5
Sickness recordsSeven years after the end of each tax yearPaper or electronicLA 1980, s 5
Records of return to work meetings following sickness, maternity etcSeven years the end of each tax yearPaper or electronicLA 1980, s 5

 

1.2.  Payroll and salary records

 

RecordRecommended retention periodStorage formatReference
Records for the purposes of tax returns including wage or salary records, records of overtime, bonuses and expensesSeven yearsPaper or electronicTaxes Management Act, 1970 s 12B
Finance Act 1998, Schedule 18, para 21
Pay As You Earn (PAYE) records, including:
wage sheets
deductions working sheets
calculations of the PAYE income of employees and relevant payments
Three yearsPaper or electronicIncome Tax (Pay As You Earn) Regulations 2003, SI 2003/2682, reg 97
Income tax and NI returns, income tax records and correspondence with HMRCThree years after the end of the financial year to which they relatePaper or electronicIncome Tax (Employments) Regulations 1993, SI 1993/744, reg 55
Records demonstrating compliance with national minimum wage requirementsThree years beginning with the day upon which the pay reference period immediately following that to which they relate endsPaper or electronicNational Minimum Wage Regulations 2015, SI 2015/621, reg 59
Details of benefits in kind, income tax records (P45, P60, P58, P48 etc), annual return of taxable pay and tax paidSeven years (but general time limit under the TMA 1970 is reducing to four years from 1 April 2012)Paper or electronicTaxes Management Act 1970
Employee income tax and national insurance returns and associated HMRC correspondenceThree years from end of tax year to which they relatePaper or electronicIncome Tax (Pay as You Earn) Regulations 2003, SI 2003/2682, reg 97
Statutory sick pay (SSP) recordsThree years after the end of the tax year to which they relatePaper or electronicThe requirement to maintain SSP records for three years after the end of the tax year to which they relate was revoked in 2014, but an employer may still be required by HMRC to produce such records as are in his possession or power which contain, or may contain, information relevant to satisfy HMRC that statutory sick pay has been and is being paid.
The Statutory Sick Pay (General) Regulations 1982, SI 1982/894, reg 13(A)
Wage or salary records (including overtime, bonuses and expenses)Seven yearsPaper or electronicTaxes Management Act 1970, s 43
Records relating to hours worked and payments made to workersThree yearsPaper or electronicNational Wage Act 1998, s 9
The National Wage Regulations 1999, reg 38
Statutory maternity, paternity and shared parental pay records, calculations, certificates or other evidenceThree years after the end of the tax year in which the period of statutory pay endsPaper or electronicStatutory Maternity Pay (General) Regulations 1986, SI 1986/1960, reg 26

 

2.   Health and safety records

 

RecordRecommended retention periodStorage formatReference
Records of reportable injuries, diseases or dangerous occurrences
reportable incidents
reportable diagnoses
injury arising out of accident at work (including [insert organisation’s name]’s accident book)
Three years from date of the entryPaper or electronicThe Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR 2013), SI 2013/1471, reg 12
Lists or register of employees who have been exposed to asbestos dust, including health records of each employee40 years from the date of the last entry made in the recordPaper or electronicControl of Asbestos Regulations 2012, SI 2012/63, reg 22(1)
Medical records and details of biological tests under the Control of Lead at Work Regulations40 years from the date of the last entry made in the recordPaper or electronicThe Control of Lead at Work Regulations 2002 (CLAW 2002), SI 2002/2676, reg 10
Medical records as specified by the Control of Substances Hazardous to Health Regulations (COSHH)40 years from the date of the last entry made in the recordPaper or electronicThe Control of Substances Hazardous to Health Regulations 2002 (COSHH 2002), SI 2002/2677, reg 11
Records of monitoring of exposures to hazardous substances (where exposure monitoring is required under COSHH)Where the record is representative of the personal exposures of identifiable employee—40 years from the date of the last entry made in the record
Otherwise, five years from the date of the last entry made in the record
Paper or electronicCOSHH 2002, reg 10(5)
Records of tests and examinations of control systems and protective equipment under COSHHFive years from the date on which the record was madePaper or electronicCOSHH 2002, reg 9
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