Data Retention Policy
 

DATA RETENTION POLICY

M LEGGATE AND SONS (PRODUCE) LTD DATA RETENTION POLICY

M Leggate and Sons (Produce) Ltd Data Retention Policy

M LEGGATE AND SONS (PRODUCE) LTD must retain certain records containing your personal and sensitive personal data for periods that are defined in law.  For these, and for other records containing your personal and sensitive personal data the Company will retain this information in either or both paper and electronic form for the periods specified in this policy.

Where the Company has obtained your consent to process your personal and sensitive personal data we will retain the information for the time period defined in the specific consent.  Upon expiry of that period the Company may seek further consent from you.

The Company will securely process, store, archive and delete information containing your personal and sensitive personal data in accordance with our Data Security Policy.

All individuals have the following rights regarding their personal data:

1. The right to be informed – You have the right to know what information we hold about you, what we are using it for, who we are sharing it with, how long we are keeping it and on what basis we are processing the data.

2. The right of access – If you would like to see the records we hold on file for you

3. The right to rectification – If you believe we are holding incorrect information.

4. The right to erasure – You can ask us to remove your information from our records.

5. The right to restrict processing – You can ask us to stop processing it.

6. The right to data portability – If you want to take your data to another organisation

7. The right to object – You have the right to object to your data being processed.

8. The right not to be subject to automated decision-making (including profiling) – You have the right to object to automated decision-making.

For further information regarding these rights, this policy or any other of the Company’s data protection policies or practices please contact Richard Leggate, M Leggate and Sons (Produce) Ltd, Main Road, Wrangle, Boston, Lincs, PE22 9AA.


Data record types with statutory retention periods

Accident books, accident records/reports
Statutory retention period: 3 years from the date of the last entry (or, if the accident involves a child/ young adult, then until that person reaches the age of 21). (See below for accidents involving chemicals or asbestos).
Statutory authority: The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) (SI 1995/3163) as amended, and Limitation Act 1980. Special rules apply concerning incidents involving hazardous substances (see below).

Accounting records
Statutory retention period: 3 years for private companies, 6 years for public limited companies.
Statutory authority: Section 221 of the Companies Act 1985 as modified by the Companies Acts 1989 and 2006.

Income tax and NI returns, income tax records and correspondence with HMRC
Statutory retention period: not less than 3 years after the end of the financial year to which they relate.
Statutory authority: The Income Tax (Employments) Regulations 1993 (SI 1993/744) as amended, for example by The Income Tax (Employments) (Amendment No. 6) Regulations 1996 (SI 1996/2631).

Medical records and details of biological tests under the Control of Lead at Work Regulations
Statutory retention period: 40 years from the date of the last entry.
Statutory authority: The Control of Lead at Work Regulations 1998 (SI 1998/543) as amended by the Control of Lead at Work Regulations 2002 (SI 2002/2676).

Medical records as specified by the Control of Substances Hazardous to Health Regulations (COSHH)
Statutory retention period: 40 years from the date of the last entry.
Statutory authority: The Control of Substances Hazardous to Health Regulations 1999 and 2002 (COSHH) (SIs 1999/437 and 2002/2677).

Medical records under the Control of Asbestos at Work Regulations: medical records containing details of employees exposed to asbestos and medical examination certificates
Statutory retention period: (medical records) 40 years from the date of the last entry; (medical examination certificates) 4 years from the date of issue.
Statutory authority: The Control of Asbestos at Work Regulations 2002 (SI 2002/ 2675). Also see the Control of Asbestos Regulations 2006 (SI 2006/2739) and the Control of Asbestos Regulations 2012 (SI 2012/632)

Medical records under the Ionising Radiations Regulations 1999
Statutory retention period: until the person reaches 75 years of age, but in any event for at least 50 years.
Statutory authority: The Ionising Radiations Regulations 1999 (SI 1999/3232).

Records of tests and examinations of control systems and protective equipment under the Control of Substances Hazardous to Health Regulations (COSHH)
Statutory retention period: 5 years from the date on which the tests were carried out.
Statutory authority: The Control of Substances Hazardous to Health Regulations 1999 and 2002 (COSHH) (SIs 1999/437 and 2002/2677).

Records relating to children and young adults
Statutory retention period: until the child/young adult reaches the age of 21.
Statutory authority: Limitation Act 1980.

Retirement Benefits Schemes – records of notifiable events, for example, relating to incapacity
Statutory retention period: 6 years from the end of the scheme year in which the event took place.
Statutory authority: The Retirement Benefits Schemes (Information Powers) Regulations 1995 (SI 1995/3103)

Statutory Maternity Pay records, calculations, certificates (Mat B1s) or other medical evidence
Statutory retention period: 3 years after the end of the tax year in which the maternity period ends.
Statutory authority: The Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960) as amended.

Wage/salary records (also overtime, bonuses, expenses)
Statutory retention period: 6 years.
Statutory authority: Taxes Management Act 1970.

National minimum wage records
Statutory retention period: 3 years after the end of the pay reference period following the one that the records cover.
Statutory authority: National Minimum Wage Act 1998.

Records relating to working time
Statutory retention period: 2 years from date on which they were made.
Statutory authority: The Working Time Regulations 1998 (SI 1998/1833).

Work-seeker records
Statutory retention period: one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.
Statutory authority: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 and The Gangmasters (Licensing Conditions) Rules 2009

Records relating to dealings with other licence holders
Statutory retention period: one year from creation or, where they have been supplied by another person, from last supply.
Statutory authority: The Gangmasters (Licensing Conditions) Rules 2009

Records relating to driving
Statutory retention period: 1 year from creation or, where they have been supplied by another person, from last supply.
Statutory authority: DVSA

Data Record types with non-statutory retention periods

Application forms and interview notes (for unsuccessful candidates)
Retention period: One year.

Assessments under health and safety regulations and records of consultations with safety representatives and committees
Retention period: permanently.

Inland Revenue/HMRC approvals
Retention period: permanently.

Parental leave
Retention period: 5 years from birth/adoption of the child or 18 years if the child receives a disability allowance.

Pension scheme investment policies
Retention period: 12 years from the ending of any benefit payable under the policy.

Pensioners' records
Retention period: 12 years after benefit ceases.

Personnel files and training records (including disciplinary records and working time records)
Retention period: 6 years after employment ceases.

Redundancy details, calculations of payments, refunds, notification to the Secretary of State
Retention period: 6 years from the date of redundancy

Senior executives' records (that is, those on a senior management team or their equivalents)
Retention period: permanently for historical purposes.

Statutory Sick Pay records, calculations, certificates, self-certificates
Retention period: The 6 years after the employment

CCTV recordings
Retention period: CCTV records will be retained for no longer than 3 months.  Where an image is required to be held in excess of the retention period referred above Richard Leggate or their nominated deputy, will be responsible for authorising such a request. Images held in excess of their retention period will be reviewed on a three monthly basis and any not required for evidential purposes will be deleted.





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M Leggate and Sons (Produce) Ltd