GENERAL DATA PROTECTION REGULATION (GDPR)
DATA RETENTION POLICY
Introduction
This policy sets out Shepherd Stubbs’ approach to the retention of personal data, how long it is
retained for recording and processing purposes within the Company’s administration work seeking
systems and when such data will be deleted.
What information we hold
We hold personal information about:
• Work seekers
• Clients – former, current and prospective
• Employees
• Suppliers
We also hold information about financial transactions relating to:
• Employees
• Work-seekers and Temporary workers
• Suppliers
How long is this personal data held for?
Our aim is never to hold personal data for longer than is necessary. Unless requested by an
individual, the following types of data will be held for the periods indicated and thereafter,
securely deleted or destroyed:
Document Category:
• Work-seeker records including Registration Form/Application Form, CV, ID checks, terms of
engagement (see also below), details of assignments, opt-out notices and interview notes
• Client records including client details, Terms and Conditions of Business, assignment/vacancy
details
Retention Period (and legal basis)
1 year from the last date of providing work-finding services as an Employment Agency or Employment
Business (Conduct of Employment Agencies and Employment Businesses Regulations
2003 [Conduct Regulations]).
GENERAL DATA PROTECTION REGULATION (GDPR)
Document Category:
• Terms of Business with Temporary Workers and Terms of Business with Clients
Retention Period (and legal basis)
6 years in order to deal with any civil action in the form of contractual claim (Limitation Act
1980).
Document Category:
• Working time records
• Annual leave records
• 48 hour opt-out notice Retention Period (and legal basis) 2 years from the date they were
created.
Document Category:
• References
Retention Period (and legal basis)
Under data protection laws, the Company only keeps records for as long as is necessary. However,
the Conduct Regulations require references to be kept for 1 year following the introduction or
supply of a work-seeker to a client.
Document Category:
• Documents held relating to the right to work in the UK
Retention Period (and legal basis)
2 years after employment or engagement has ended (Right to Work Law).
GENERAL DATA PROTECTION REGULATION (GDPR)
Document Category:
• Criminal records / Disclosure Barring checks
Retention Period (and legal basis)
When handling and storing certificates the DBS Code requires registered bodies to handle this
information in line with their obligations under the Data Protection Act 1998.
Document Category:
National Minimum Wage documents:
• Total pay of the worker and hours worked
• Overtime/shift premiums
• Any deduction or payment for accommodation
• Travel or training during working hours and duration
• Absences e.g. breaks, sick leave, holiday
• Total number of hours in a reference period
Retention Period (and legal basis)
For HMRC purposes: 3 years after the end of the pay reference period following the one that the
records cover (National Minimum Wage Act 1998). Or 6 years in order to show that the Company have
paid at least national minimum wage rates if a breach of contract claim is brought against the
Company.
Document Category:
• Sickness records / statutory sick pay
Retention Period (and legal basis)
The Company only keeps sickness records for as long as is necessary i.e. to comply with HMRC
requirements – 3 years from the end of the tax year to which it relates.
GENERAL DATA PROTECTION REGULATION (GDPR)
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Document Category:
• Statutory maternity, paternity, adoption pay
Retention Period (and legal basis)
3 years from the end of the tax year to which it relates.
Document Category:
• Gender pay gap reporting (where applicable)
Retention Period (and legal basis)
1 year.
Document Category:
Pensions auto-enrolment (including enrolment date, joining date, opt-in / opt-out notices,
contributions paid)
Retention Period (and legal basis)
6 years apart from opt-out notices which will be retained for 4 years.
Document Category:
Company financial records:
• VAT
• Company accounts
• Payroll information
• CIS records
Retention Period (and legal basis)
7 years in line with the Corporations Act 2001.
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