Decide which employee records to keep and for how long

Key points

  • One of the principles of the Data Protection Act 1998 is that personal records held for any purpose should not be kept for longer than is necessary for that purpose. Employers should therefore have systems in place to determine when employee records should be destroyed.
  • When deciding which employee records should be kept and for how long, among other factors, the employer should have regard to potential claims that could be brought against it and should ensure that records that could be required as evidence in such cases are kept for the appropriate length of time.
  • There are statutory requirements to keep certain employee records for a minimum length of time.

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