4 things SMEs should know about storing employee records

Have you ever wondered how long to keep HR records for?    

What about how long employers should keep employee records for, in general?   

We answer the most common questions around keeping employee records.

How long should HR records be kept for?  

It’s usually recommended that most records are kept for a minimum of 6 years – this is because the UK Limitation Act 1980 has a 6-year time limit for contractual claims. This period is a good idea to adhere to, just in case documentation is needed for investigations.     

What is the right to erasure? 

In certain circumstances, GDPR provides the right for employees to ask that their employer delete personal data it holds about them. This is known as the ‘right to be forgotten’ or the right to erasure.    

Can an employee ask to have personal data records removed?

This depends on the type of records held, and the reason they’re held for. If the employer has a specific reason not to delete the data, then they may have legal grounds to retain certain records.    

Under GDPR, if an employer has personal data (of current or former employees) that is no longer needed, then this should be removed. This is best practice, and ensures personal data isn’t kept any longer than is necessary.    

How long should payroll records be kept for?

You should keep your payroll records for 3 years (after the end of the tax year they relate to). This also applies to records relating to statutory sick pay and statutory maternity pay.    

Discover the most talked-about FAQs around keeping employee records, in our free & downloadable infographic:  

• What records should HR keep?   
• How long should you keep ex-employee records?   
• Do you have to keep hard copies of employee records?  
• What are employers’ data protection obligations?   
  

Disclaimer – this is for informational purposes only. Please ensure you adhere to the relevant laws regarding data protection & storage of employee records in your relevant jurisdiction. This information is correct at the time of publication (November 2023) and relates to England.