New data protection guidance on keeping employment records
The Information Commissioner’s Office has published finalised guidance on employment practices and data protection: keeping employment records. What do you need to know?
The Information Commissioner’s Office (ICO) is producing topic-specific guidance on employment practices and data protection as part of its resources on the UK GDPR. The ICO published finalised guidance on monitoring workers and information about workers’ health in 2023 and then it issued for consultation draft guidance covering keeping employment records and recruitment and selection. Those consultations closed back in March 2024 and the ICO has now published finalised guidance on keeping employment records. The finalised guidance on recruitment and selection is still outstanding.
The guidance on keeping employment records will help you understand your data protection obligations when keeping employment records about your workers. It covers:
- collecting and keeping employment records, e.g. how can you lawfully keep records of workers’ personal information, what lawful bases might apply to employment records, what conditions might apply for keeping records of special category information and how much information can you hold
- using employment records, e.g. when can you share workers’ personal information with other people or organisations, what are your obligations if you have outsourced some of your processing about your workers, can you collect workers’ information to use for equal opportunity monitoring and what do you need to consider when providing references.
Each of these two subjects are dealt with through a Q&A format, with the answer also providing examples and further reading links.
The guidance additionally includes a series of short checklists covering collecting and keeping employment records, outsourced employment functions, equality monitoring, pension and insurance schemes and mergers and acquisitions.
Related News
-
Why do frozen mileage rates affect VAT?
Your business pays a fixed mileage allowance to staff who use their private cars for business travel. The rates published by HMRC have been frozen since 2011 but is this relevant to determine how much input tax you can claim on the payments?
-
Beating the capital allowances rate reduction
The main rate of relief for capital allowances is reducing from 18% to 14% from April 2026. Is this something that’s likely to affect you and if so, what can you do to make the most of the current rate?
-
Sharing salary with your partner
You’re a director with a substantial salary and your partner isn’t working right now. If you could split your salary with your partner the tax saving would make a real difference. How can you legitimately share your salary to improve the overall tax position?