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How long should a school retain the HR records of former employees?

I would be very grateful for other people's views on the subject of retention of 'school' employee HR records. I understand that I need to be clear about the reason why records are being kept esp with GDPR round the corner. I'm also thinking about the possibility of historical child protection issues/allegations arising in the future. I'm wondering if this means that the school should retain certain types of information, say disciplinary records/details of any allegations etc and dispose of other parts of the HR file once the possibility of any potential legal action arising (from the former employee) has passed?   How do other schools approach this subject?   

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  • Hi Maureen

    No direct experience at all I’m afraid, but would have thought that schools would vary very considerably in their approaches here and that few if any would if scrutinised in this regard comply very much with present and forthcoming regulation.

    Just keeping indefinitely the complete files mouldering away in some faraway cupboard is probably the most common approach, but obviously it won’t ever meet the obligation not to retain personal data longer than at all necessary and of course the more personal data you keep the harder it becomes to keep it securely and the greater chance there is that you’ll risk exceedingly onerous subject access requests.

    There’s always for guidance such as
    www.cipd.co.uk/.../keeping-records-factsheet

    Can’t speak at all about digitised records but re traditional paper ones think there’s a lot to be said for keeping indefinitely and separate from individual personal files summary sheet style records of each employee and ex employee that contain the tombstone type stuff along with career history etc.

    And as regards the personal files, splitting these into discrete sections for such as appraisals; salary matters; personal DBS stuff; attendance / sickness and health etc etc, ideally each of them colour coded or whatever with a ‘link to a destroy-by’ date. For the vast majority of schools and circumstances, everything will end up destroyed after not too many years have elapsed since the employee left - all as it should be. Of course some data needs to be kept indefinitely or at least for many decades: but usually that’s for COSHH and statutory health dosage and exposure monitoring etc and not usually ever the case in schools.

    Digitised records must be very much easier to ‘tag’ and sort etc as needs be.

    So, would see all this as a potentially big practical / logistical problem as well as theoretical compliance with the various rules and regulstions.

    Just thinking aloud in rambling fashion but hope of some possible help.
  • For the purposes of allegations of unfair dismissal etc, you should keep records in full for at least three months. I like to keep employee records relatively handy for up to 12 months in order to make sure that any back-dating work on pensions or payroll and suchlike can refer to the most accurate information. Experience has taught me that it's useful to have some sort of insight into why, exactly, we fired that person the first time they worked for us...

    After 12 months, though, employee files get archived. That means they go into a cardboard box with a handful of dessicant pouches and get stored in a locked room a long way from my office.

    The only way any of those things is ever seeing the light of day again is in the event of a court order or an in-person visit from HMRC.

    Our payroll records are digitized and retained separately.

    In theory, personnel files are destroyed permanently after nine years, but in practice it's more like "if we need the archive room for something else and can't put this pile of kindling somewhere less likely to imperil the lives of our entire workforce".
  • In reply to Robey:

    Hi Maureen

    We use these guidelines .......
    ldbsact.org/.../Document Retention Schedule_Nov15.pdf

    I hope that's helpful

    Regards
  • In reply to Elaine Snell:

    Thank you Elaine. This document is very helpful!
  • In reply to David:

    Thanks David
  • In reply to Robey:

    Thanks Robey!
  • The Information and Records Management Society has published a number of resources including Information Management Toolkits (with retention schedules) for both Schools and Academies. irms.org.uk/.../SchoolsToolkit
  • In reply to Reynold:

    Thanks Reynold, This looks rather marvellous and provides just the sort of information that I can use. I have copied and saved it for reference.
  • In reply to Maureen Graham:

    Thanks Maureen, that's great :-)
    Schools can btw join as a Member or Associate Member of th eIRMS to get editable access.
    Ren