Wednesday – Did You Know?

Did You Know? Employers Must Keep HR Records

Many employers don’t realise that keeping accurate HR records is not just best practice — it’s essential for legal protection.

Under UK employment law and guidance linked to UK GDPR and the Employment Rights Act 1996, employers must retain key employee data, including:

• Contracts of employment
• Disciplinary and grievance records
• Absence and holiday records
• Payroll and payslip information

Why this is important

If a claim is brought to an Employment Tribunal, documentation is your strongest defence.

Without clear records, employers may struggle to demonstrate:

• Fair process
• Consistent decision-making
• Compliance with the ACAS Code of Practice

Retention matters

Different records should be kept for different timeframes, for example:

• Payroll records: typically 3–6 years
• Accident records: minimum 3 years
• Personnel files: often 6 years after employment ends

Matthew Chilcott Comment

“We often see businesses caught out not because they acted incorrectly, but because they cannot evidence what they did. Good HR documentation is not admin — it is protection.  We always advice our clients to ensure that they keep bullet points of what was discussed / agreed and confirm this with the person concerned whilst saving the information in an accessible location for future reference whether this be on Breathe HR, our chosen IT system or in a HR drive.”

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