Data Retention Procedure

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)

Ver2/Apr19 4 /4

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.

Ver2/Apr19

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