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Retention Policy and Schedule

  

Company Name: Teachers Together Ltd ("the Company")

 

Policy No.  RP1

Policy Name: Retention Policy and Schedule

Version: 2

 

1. Overview 

This policy sets out how long employment/recruitment-related information will normally be held by us and when that information will be confidentially destroyed.

2   Responsibility 

The Company Director(s) is responsible for implementing and monitoring compliance with this policy.  They will undertake an annual review of this policy to verify that it is in effective operation.

3. Our process

Information (hard copy and electronic) will be retained for the period specified in our Records Retention Schedule (as per paragraph 4).

 

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.

Hard copy and electronically held documents and information must be deleted at the end of the retention period, unless there is a requirement to delay deletion (as per paragraph 3.2).

Hard copy documents and information must be disposed of by shredding, placing in confidential waste bins etc. 

4. Records Retention Schedule

This Record Retention Schedule sets out the time periods that different types of records must be retained for business and legal purposes. 


The retention periods are based on business needs and legal requirements and should be read in accordance with Teachers Together’s data protection policy. If you maintain any types of records that are not listed in this schedule and it is not clear what retention period should apply, please contact the Company Director for guidance.

Any deviance from the retention periods in this schedule must be approved in advance by the Company Director.

The first section of this policy will address employment records, the second section will address work-seeker records. 
 

5. Internal employee/applicants for internal roles 

Record
Retention Period
Storage Format
Lawful Basis and reference

Gender pay gap reporting information

Kept available for a period of at least three years beginning with the date of publication
Paper or electronic

Legal obligation: 

  • Kept in line with Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (Regulation 15)

Criminal records information: 

  • Information forms

  • DBS check forms 

  • DBS certificates

It would be advisable to consider six months as the maximum time frame (unless safeguarding issues or other similar extenuating circumstances are raised).
Paper or electronic

Legitimate business interest: 

  • To demonstrate that safeguarding processes were followed 

  • Framework requirements

Records relating to/demonstrating compliance with Working Time Regulations 1998: 

  • Registration of work and rest periods 

  • Working time opt-out forms

Kept for two years from the date on which the record was made
Paper or electronic

Legal obligation: 

  • Kept in line with the Working Time Regulations 1998 (Regulation 9)

Copies of identification documents/right to work
Kept for two years from date of termination of employment
Paper or electronic

Legal obligation:  

  • Kept in line with the Immigration (Restrictions on Employment) Order (Art 6(1)(b))

Directors’ service contracts and any variations

Up to the end of six years after employment ceases if document executed as a deed - this should be 13 years after employment ceases- s.8 Limitation Act 1980

Paper or electronic

Legitimate business interest: 

  • To protect the business against any legal claims for breach of contract 

  • Confirmation of rights and obligations owed and due by employee- employer 

  • Legal obligation 

  • Retained for one year from the date of termination or expiry 

  • Kept in line with Companies Act 2006 (s.228)

Other employment records:

  • Redundancy records 

  • Annual leave records 

  • Parental leave records 

  • Sickness records 

  • Return to work meetings

Up to the end of six years after employment ceases
Paper or electronic

Legitimate business interest: 

  • To protect the business against any legal claims for breach of contract 

    • Kept in line with the Limitation Act 1980 (s.5) 

    • Confirmation of rights and obligations owed and due by employee- employer

Employee performance and conduct records: 

  • Probationary reviews 

  • Review and appraisal notes 

  • Promotions/demotions

Up to seven years after employment ceases
Paper or electronic

Legitimate business interest: 

  • To protect the business against any legal claims for breach of contract 

    • Kept in line with the Limitation Act 1980 (s.5) 

  • Confirmation of rights and obligations owed and due by employee- employer

Employment contracts including: 

  • Training records 

  • Written particulars of employment 

  • Changes to terms and conditions

Up to seven years after employment ceases
Paper or electronic

Legitimate business interest: 

  • To protect the business against any legal claims for breach of contract 

    • Kept in line with the Limitation Act 1980 (s.5) 

  • Confirmation of rights and obligations owed and due by employee- employer

Application records of successful candidates, including: 

  • CV/Applications 

  • References 

  • Training certificates 

  • Correspondence concerning employment 

  • Test result 

  • Interview notes

Up to the end of six years after employment ceases
Paper or electronic

Legitimate business interest: 

  • To protect the business against any legal claims for breach of contract 

    • Kept in line with the Limitation Act 1980 (s.5) 

  • To demonstrate compliance with a fair and non-discriminatory recruitment process

Rejected job applicant records, including: 

  • Contact details 

  • CV/Applications 

  • References 

  • Test results 

  • Interview notes

Six months after applicant is notified of rejection. The application forms should give applicants the opportunity to object to their details being retained
Paper or electronic

Legitimate business interest:

  • To ensure that you do not accept multiple applications from the same rejected candidate 

  • To consider alternative roles for the candidate 

  • To demonstrate fair and non-discriminatory recruitment process 

  • Kept in line with the Equality Act 2010 (s.123)

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