GDPR: Our data retention policy

1. About these guidelines

1.1. These guidelines support No Brainer Agency Limited’s Data Protection Policy and adopt its definitions.

1.2. The guidelines are intended to ensure that we process personal data in the form of employment records in accordance with the personal data protection principles, in particular that:

1.2.1. Personal data must be collected only for specified, explicit and legitimate purposes. It must not be further processed in any manner incompatible with those purposes.

1.2.2. Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. When personal data is no longer needed for specified purposes, it is deleted or anonymised as provided by these guidelines.

1.2.3. Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

1.2.4. Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.

1.2.5. Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.

1.3. The Head of Operations & Projects is the data privacy manager and responsible for overseeing these guidelines. Any questions about the operation of the guidelines should be submitted to the Head of Operations & Projects.

2. Location of employment records

2.1. Our Head of Operations & Projects and the Company Directors holds employment records and can be contacted with any enquiries relating to your personal data.

3. Keeping information up to date

3.1. We will ensure that your personal details are kept up to date and accurate.

3.2. When you first start working for us, we will record your name, address, next of kin and contact telephone details, P45 and bank details. In the event that any of these changes you should inform the Head of Operations & Projects immediately. You will be invited to review and update your personal information on a regular basis. Nevertheless, you are responsible for ensuring that the information is kept up to date.

3.3. These provisions are intended to complement the data subject rights referred to in the Data Protection Policy.

4. General principles on retention and erasure

4.1. Our approach to retaining employment records is to ensure that it complies with the data protection principles referred to in these guidelines and, in particular, to ensure that:

4.1.1. Employment records are regularly reviewed to ensure that they remain adequate, relevant and limited to what is necessary to facilitate you working for us.

4.1.2. Employment records are kept secure and are protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Where appropriate we use anonymisation to prevent identification of individuals.

4.1.3. When records are destroyed, whether held as paper records or in electronic format, we will ensure that they are safely and permanently erased.

5. Retention and erasure of recruitment documents

5.1. We retain personal information following recruitment exercises to demonstrate, if required, that candidates have not been discriminated against on prohibited grounds and that recruitment exercises are conducted in a fair and transparent way.

5.2. Our candidate privacy notice advises candidates how long we expect to keep their personal information for, once a recruitment decision has been communicated to them. This is likely to be for three months from the communication of the outcome of the recruitment exercise which takes account of both the time limit to bring claims and for claims to be received by us.

5.3. Information relating to successful candidates will be transferred to their employment record with us. This will be limited to that information necessary for the working relationship and, where applicable, that required by law.

5.4. Following a recruitment exercise, information, in both paper and electronic form, will be held by the Head of Operations & Projects and the Company Directors. Destruction of that information will take place in accordance with these guidelines.

6. Retention and erasure of employment records

6.1. We have regard to recommended retention periods for particular employment records set out in legislation, referred to in the table below. However, we must also have regard to legal risk and may keep records for up to seven years and in some instances longer after your employment or work with us has ended.

Type of employment record	Retention period
Recruitment records These may include: Completed online application forms or CVs.Equal opportunities monitoring forms.Assessment exercises or tests.Notes from interviews and short-listing exercises.Pre-employment verification of details provided by the successful candidate. For example, checking qualifications and taking up references. (These may be transferred to a successful candidate’s employment file.)	Three months after notifying candidates of the outcome of the recruitment exercise.
Immigration checks	Three years after the termination of employment.
Contracts These may include: Written particulars of employment.Contracts of employment or other contracts.Documented changes to terms and conditions.	While employment continues and for seven years after the contract ends.
Payroll and wage records These may include: Details on overtime.Bonuses.Expenses.Benefits in kind.	These must be kept for at leastseven yearsafter the end of the tax year to which they relate. However, given their potential relevance to pay disputes they will be retained for seven years after employment ends.
Current bank details	Bank details will be deleted as soon after the end of employment as possible once final payments have been made.
PAYE records	These must be kept for at least three yearsafter the end of the tax year to which they relate. However, given their potential relevance to pay disputes they will be retained for seven yearsafter employment ends.
Records in relation to hours worked and payments made to workers	These must be kept for three yearsbeginning with the day on which the pay reference period immediately following that to which they relate ends. However, given their potential relevance to pay disputes they will be retained for seven yearsafter the working relationship ends.
Travel and subsistence	While employment continues and for seven years after employment ends.
Personnel records These include: Qualifications/references.Consents for the processing of special categories of personal data.Annual leave records.Annual assessment reports.Disciplinary procedures.Grievance procedures.Death benefit nomination and revocation forms.Resignation, termination and retirement.	While employment continues and for seven years after employment ends.
Records in connection with working time These include: Working time opt-out.	Three years from the date on which they were entered into.
Records to show compliance These include: Time sheets for opted-out workers.Health assessment records for night workers.	Three years after the relevant period.
Maternity records These include: Maternity payments.Dates of maternity leave.Period without maternity payment.Maternity certificates showing the expected week of confinement.	Four years after the end of the tax year in which the maternity pay period ends.
Accident records These are created regarding any reportable accident, death or injury in connection with work.	For at least four years from the date the report was made.

If you have any questions, please contact us.