Retention schedule

Staffordshire County Council is required by the Lord Chancellor’s Code of Practice on the Management of Records issued under Section 46 of the Freedom of Information Act 2000 to have and to implement a records retention and disposal schedule.

Contents

Retention and disposal policies - Human resources

Attendance and time recording 

  • Retention: Retain records 2 years after date created
  • Disposal: Destroy (See IICSA retention hold advice p.4)
  • Authority: Working Time Regulations 1998, Road Transport (Working Time) Regulations 2005 Reg.11
  • Scope: Timesheets, drivers log cards

Employment contracts management

  • Retention: Retain records 6 years after end of SCC employment
  • Disposal: Destroy (See IICSA retention hold advice p.4)
  • Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5
  • Scope: Individual employees’ terms and condition of employment, job description, personal specification, pay grade, change of role and record of changes to individuals’ employment contracts

Disciplinary and grievance procedures administration

  • Retention: Retain records 6 years after end of SCC employment
  • Disposal: Destroy (See IICSA retention hold advice p.4)
  • Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5
  • Scope: Administration of formal disciplinary and grievance processes including tribunal cases

Disclosure and barring service checking

  • Retention: Retain disclosure reports 6 months after receipt / Retain records of checking 6 years after termination of relevant contract
  • Disposal: Destroy (See IICSA retention hold advice p.4)
  • Authority: Home Office Code of Practice For Registered Persons and other recipients of Disclosure Information  / The Information Commissioner's Office, Employment Practices Code (data protection) / Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5
  • Scope: Record of routine Disclosure and Barring Service (DBS) (formerly Criminal Records Bureau – CRB) checks having been made during employment where required by nature of job role

Industrial relations management

  • Retention: Retain records 20 years after date created
  • Disposal: Destroy
  • Authority: SCC business need (based on Legal advice)
  • Scope: Meeting minutes, agendas, general correspondence, Trade Union agreements (not including collective agreements)

Trade Union Collective Agreements

  • Retention: Retain records 7 years after date agreement ceases
  • Disposal: Destroy
  • Authority: CIPD Recommendation
  • Scope: Collective agreements (any agreement made by one or more trade unions or employers' associations resulting from a collective bargaining process)

Facilities Time Management Agreements

  • Retention: Retain records 10 years after date agreement ceases
  • Disposal: Destroy
  • Authority: CIPD Recommendation
  • Scope: Facilities time management agreements (Trade union facility time and facilities are the time and resources that unions negotiate from employers so that they are able to represent members both individually and collectively in negotiations with managers)

Performance monitoring and review

  • Retention: Retain records 6 years after date created
  • Disposal: Destroy (See IICSA retention hold advice p.4)
  • Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5
  • Scope: Individual target setting to meet business plan requirements, mid‐year and end of year formal review of performance against targets

Recruitment and termination administration

  • Retention: Retain records of unsuccessful applicants 1 year after recruitment decision / Retain records of successful applicants (employees) 6 years after end of SCC employment
  • Disposal: Destroy (See IICSA retention hold advice p.4)
  • Authority: National Archives Guidance / Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5
  • Scope: Recruitment planning, application processing and assessment, interview administration and candidate assessment, pre‐employment vetting and checks, contract offer administration, planning and management of employee probationary period and administration of employment termination processes Excluding transactional HR payments administration

Sickness absence management

  • Retention: Retain records 6 years after end of SCC employment
  • Disposal: Destroy (See IICSA retention hold advice p.4)
  • Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5
  • Scope: Formal sickness absence management processes including sickness absence records, self‐certification, fit notes, occupational health referrals and reports, return to work documentation, formal absence process records

Leave administration

  • Retention: Retain records 3 years after end of financial year in which records created
  • Disposal: Destroy (See IICSA retention hold advice p.4)
  • Authority: Statutory Sick Pay (General) Regulations 1982 reg. 13  / Statutory Maternity Pay (General) Regulations 1986 reg.26  / Statutory Paternity and Statutory Adoption Pay (Administration) Regulations 2002 reg.9
  • Scope: Maternity and paternity leave and non‐statutory leave e.g. contractual leave and unpaid leave

Staff training (individual training records) 

  • Retention: Retain records 6 years after end of SCC employment
  • Disposal: Destroy
  • Authority: CIPD Guidance
  • Scope: Training and development records relating to attendance and achievement of individual employees Excluding records of training for work with hazardous substances

Training provision

  • Retention: Retain course administration records 6 years after date created / Retain course content and supporting materials until superseded or course no longer provided
  • Disposal: Destroy
  • Authority: SCC business need
  • Scope: Development and provision of training and courses including e‐learning courses, course content and supporting materials, records of completion and attendance Excluding individual staff training records