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Data Retention Policy

This policy sets out what information Absolutely Recruitment Limited (the Company) holds, how long we hold it for and when it will be deleted.

INFORMATION HELD BY US

We hold personal information about:

  • Clients – former, current and prospective
  • Work-seekers
  • Employees
  • Suppliers

We also hold information about financial transactions relating to:

  • Employees
  • Work-seekers/Temporary workers
  • Suppliers

HOW LONG IS PERSONAL DATA HELD FOR?

We aim not to hold personal data longer than necessary. Unless requested by an individual, the following types of data will be held for the periods shown below, after which it will be securely deleted or destroyed:


Document type

  • Work-seeker records including 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

How long to keep for (and source of requirement)
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))


Document type
Terms of engagement with temporary worker and terms of business with clients

How long to keep for (and source of requirement)
6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980) (5 years in Scotland)


Document type
Working time records:

  • 48 hour opt out notice
  • Annual leave records

How long to keep for (and source of requirement)
2 years from the time they were created


Document type
Annual appraisal/assessment records.

How long to keep for (and source of requirement)
No specific period – under data protection laws we only keep records for as long as is necessary


Document type
References

How long to keep for (and source of requirement)
Under data protection laws, the Company only keep 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 type
Records held relating to right to work in the UK

How long to keep for (and source of requirement)
2 years after employment or engagement has ended – must not be alterable.


Document type
Criminal records checks/ Disclosure Barring checks

How long to keep for (and source of requirement)
When it comes to handling and storing certificates the DBS Code requires registered bodies to ‘handle all information provided to them by DBS, as a consequence of applying for a DBS product, in line with the obligations under Data protection Act 1998’


Document type
National Minimum Wage documentation:

  • Total pay by the worker and the hours worked by the worker
  • Overtime/shift premia;
  • Any deduction or payment of accommodation;
  • Any absences e.g. rest breaks, sick leave, holiday;
  • Any travel or training during working hours and its length;
  • Total number of hours in a pay reference period

How long to keep for (and source of requirement)
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 (5 in Scotland) in order to show that the Company have paid at least national minimum wage rates if a breach of contract claim is brought against us


Document type
Sickness records – statutory sick pay

How long to keep for (and source of requirement)
The Company only keep sickness records for as long as is necessary and to comply with HMRC (see below)


Document type
Statutory maternity, paternity, adoption pay

How long to keep for (and source of requirement)
3 years from the end of the tax year to which it relates


Document type
Pensions auto-enrolment (including auto-enrolment date, joining date, opt in and opt out notices, contributions paid)

How long to keep for (and source of requirement)
6 years except for opt out notices which will be kept for 4 years


Document type
Gender pay gap reporting (if applicable)

How long to keep for (and source of requirement)
1 year


Company financial records

Document type
VAT Company accounts

  • Payroll information
  • CIS records

How long to keep for (and source of requirement)
3 years from the end of the tax yearITEPA (the intermediaries legislation) recordsReport due every quarter, to be kept for no less than 3 years after the end of the tax year to which they relate

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