What must an employer do with any records made during the selection process?
The employer should always keep a record of each interview conducted, and in particular record the reasons for the selection of the successful applicant and the reasons for the rejection of the unsuccessful candidates. Because the time limit for a claim of discrimination to be brought to an employment tribunal is three months from the date of the alleged act of discrimination, but this can be extended to take account of the early conciliation procedure, the employer should retain records for around six months. These records will be helpful in the event that one of the unsuccessful candidates brings a claim for unlawful discrimination to an employment tribunal. To comply with its data protection obligations, the employer must keep the records for no longer than is necessary.