Group Data Retention Policy
Having completed an audit of the data held by all of the companies in the ESP group (being The Employment Services Partnership Limited, Cater Leydon Millard Limited and ESP Safeguard Limited), the Data Protection Act 2018 requires us to have in place a data retention policy that clearly defines how long we will hold our personal data, together with the reasoning behind the decision to hold that data. For ease of reading we have separated the data we hold into 4 sub-categories.
Save for exceptional circumstances, which must be raised with, and approved by Steve Clark (DPO), all personal data must be retained in accordance with this policy. Often, in respect of certain types of information, we are under a legal obligation to retain the information for a minimum period of time. Where this is the case, the minimum time we have stipulated is the same as the time required under law. Furthermore, there are occasions where it is appropriate for us to retain personal data for longer than the period prescribed in law (for example, where there may be a court case in process or expected where the data will form part of the evidence in the case). In such circumstances, the requirements of the court case will override the policies outlined below.
All personal data is held in accordance with ESP’s Privacy Policy, which can be found here https://esphr.co.uk/privacy, Data Protection Policy, which can be found here https://esphr.co.uk/data-protection-policy and this Data Retention Policy. If you wish to exercise any of your legal rights, or have any questions, comments and requests regarding this policy, please contact us by writing to esphr, c/o Cater Leydon Millard Ltd, 68 Milton Park, Abingdon, Oxfordshire OX14 4RX, or by emailing us at [email protected].
Where there is a requirement for ESP to retain information for longer periods of time, consideration must be given to whether any personal data within it should be ‘anonymised’ such that the data subject can no longer be identified but the contents and context of the document still reviewed and understood. Where, in the table below, the data is identified as being capable of being anonymised, anonymisation should take place as soon as reasonably possible once the need for the personal data has expired.
Employees/Job Applicants
Type of Data Held | Location of Data | Reason for Data Being Held | Retention Period | Reason for Retention Period | Delete/Anonymise |
Full Name | Ciphr, internal shared drive, Paper file | Contractual Obligations | 6 years after having left employment | Claims can be brought up to 6 years after the end of employment so this information may be needed in the event of a claim being brought. | Delete |
Date of birth | Ciphr, internal shared drive, Paper file | Contractual Obligations | 6 years after having left employment |
| Delete |
Full address | Ciphr, internal shared drive, Paper file | Contractual Obligations | 6 years after having left employment |
| Delete |
Previous addresses | Ciphr, internal shared drive, Paper file | Contractual Obligations | On leaving |
| Delete |
Telephone numbers | Ciphr, internal shared drive, Paper file | Contractual Obligations | 6 years after having left employment |
| Delete |
Personal email address | Ciphr, internal shared drive, Paper file | Contractual Obligations | 6 years after having left employment |
| Delete |
Gender | Ciphr, internal shared drive, Paper file | Contractual Obligations | 6 years after having left employment |
| Delete |
Marital status and dependants
| Ciphr, internal shared drive, Paper file | Contractual Obligations | On leaving |
| Delete |
Next of kin and emergency contact information | Ciphr, internal shared drive, Paper file | Contractual Obligations Vital Interests | On leaving |
| Delete |
National Insurance Number | Ciphr, internal shared drive, Paper file, Paycheck | Contractual Obligations Legal Obligations | 7 years after having left employment for S: drive and Paycheck only, otherwise 6 years | Tax reporting purposes | Delete |
Bank details | Ciphr, internal shared drive, Paper file | Contractual Obligations Legal Obligations | 6 months after having left employment |
| Delete |
Tax Codes | Paycheck, internal shared drive | Contractual Obligations Legal Obligations | 7 years after having left employment | Tax reporting purposes | Delete |
Payroll Information | Paycheck, internal shared drive | Contractual Obligations Legal Obligations | 7 years after having left employment | Tax reporting purposes | Delete |
Copy of driving licence | Internal shared drive, Paper file
| Contractual Obligations Legal Obligations | 1 year after having left employment |
| Delete |
Medical information (i.e. information relating to disabilities or medical information that may be needed). | Ciphr, internal shared drive, Paper file | Contractual Obligations Legal Obligations Vital Interests To enable us to ensure your health and safety in the workplace, to assess your fitness for work, to provide reasonable adjustments where necessary and to monitor and manage sickness absence and administer pay and benefits.
| Upon leaving employment unless the data needs to be retained for the purposes of reporting or compliance with our legal obligations, in which case it will be retained for 6 years after leaving employment. | These records are classed as sensitive personal data, there is no need for the company to have any information relating to an employee’s medical history after they leave employment unless it needs to be retained in accordance with our legal obligations, including under the Equality Act 2010. | Delete |
Race, religion, sexual orientation | Ciphr, internal shared drive, Paper file | Contractual Obligations Legal Obligations
To ensure equal opportunities | 6 years after leaving employment | Claims can be brought up to 6 years after the end of employment so this information may be needed in defence of a claim. | Delete |
Contract of employment | Internal shared drive, Paper file | To ensure all employee records are accurate and to ensure both the company and its employees are complying with the terms of the contract of employment. | 6 years after leaving employment | Claims can be brought up to 6 years after the end of employment so this information may be needed in defence of a claim. | Delete |
Disciplinary history | Internal shared drive, Paper file | To ensure employee records are up to date and accurate. | Upon expiry of disciplinary action or 6 years after termination of employment, whichever is sooner. | Many disciplinary notes expire after a set period and should be removed from the record upon expiry. Some, however, will need to be kept on record as evidence in the event of an employment tribunal claim or other litigation, or for regulatory reasons. | Delete |
Performance Management Information
| Internal shared drive, Paper file | Contractual Obligations Legal Obligations | 1 year after having left employment |
| Delete |
Grievances | Internal shared drive, Paper file | Contractual Obligations Legal Obligations | 6 years after leaving employment | Claims can be brought up to 6 years after the end of employment so this information may be needed in the event of a claim being brought. | Delete |
CVs | Paper file | To enable the assessment of candidates for jobs. | 12 months after unsuccessful application | To enable the defence of any claims arising out of a rejected application. | Delete |
Criminal records | Internal shared drive, Paper file | To ensure that the employee is not prohibited from undertaking the employment and to ensure the Company is not putting employees or third parties at risk. | Upon the expiry of the rehabilitation period or 6 months after termination of employment, whichever is sooner. | Criminal records are highly sensitive information and the retention period balances the requirements of the Company against the rights of the subject and the harm that could be caused by the loss of this data. | Delete |
Right to work documentation
| Internal shared drive, Paper file | Contractual Obligations Legal Obligations | 2 years after having left employment |
| Delete |
Employment history (training records, working hours, job titles, salary information, details of family-related leave)
| Ciphr, internal share drive, Paper file | Contractual Obligations Legal Obligations | 1 year after having left employment |
| Delete |
Sickness and holiday records | Ciphr, internal shared drive, Paper file | To ensure employee records are up to date and accurate | 6 years after leaving employment |
| Delete |
Suppliers
| Type of Data Held | Location of Data | Reason for Data Being Held | Length of Time Data to be Held | Reason for Length of Time | Delete/Anonymise |
| Key contact names | Internal shared drive, paper contracts in locked supplier cabinet, Outlook, office mobile phones | To enable communication with suppliers | 6 months after termination or after specific contact has left the employ of the supplier, whichever is sooner | To enable referencing should the need arise. | Delete |
| Key contact email addresses | Internal shared drive, paper contracts in locked supplier cabinet, Outlook, office mobile phones | To enable communication with suppliers | 6 months after termination or after specific contact has left the employ of the supplier, whichever is sooner | To enable referencing should the need arise. | Delete |
| Supplier contracts and documents | Internal shared drive, paper contracts in locked supplier cabinet | To enable monitoring of supplier performance and communication with suppliers | 6 years after the end of the supplier relationship | Court claims can be brought up to 6 years after the contract has ended and the information may be required as evidence in any such claim. | Anonymise |
Customers
| Type of Data Held | Location of Data | Reason for Data Being Held | Length of Time Data to be Held | Reason for Length of Time | Delete/Anonymise |
| Key contact names | Internal shared drive, paper contracts in locked supplier cabinet, Outlook, office mobile phones | To enable communication with client | 6 months after termination or after specific contact has left the employ of the client, whichever is sooner | To enable referencing should the need arise. | Delete |
| Key contact email addresses | Internal shared drive, paper contracts in locked supplier cabinet, Outlook, office mobile phones | To enable communication with client | 6 months after termination or after specific contact has left the employ of the client, whichever is sooner | To enable referencing should the need arise. | Delete |
| Client contracts and documents | Internal shared drive, paper contracts in locked customer cabinet | To enable monitoring of supplier performance and communication with clients | 6 years after the end of the client relationship | Court claims can be brought up to 6 years after the contract has ended and the information may be required as evidence in any such claim. | Anonymise |
Prospects
| Type of Data Held | Location of Data | Reason for Data Being Held | Length of Time Data to be Held | Reason for Length of Time | Delete/Anonymise |
| Names | Internal shared drive, CRM, Email marketing system, Outlook, Company mobiles | To enable the company to seek new business | 3 years after last contact | After 3 years with no contact it is unlikely the prospect will convert and the data should no longer be retained. | Delete |
| Email addresses | Internal shared drive, CRM, Email marketing system, Outlook, company mobiles | To enable the company to seek new business | 3 years after last contact | After 3 years with no contact it is unlikely the prospect will convert and the data should no longer be retained. | Delete |
| Documentation | Internal shared drive, Outlook | To enable the company to seek new business | 3 years after last contact | After 3 years with no contact it is unlikely the prospect will convert and the data should no longer be retained. | Delete |
Date Policy Last Updated: 1st June, 2023