1. ABOUT THIS POLICY
1.1 The corporate information, records, and Data of CH & Co Catering Group Limited (“CH & CO”) and our subsidiaries is important to how we conduct business and manage employees.
1.2 There are legal and regulatory requirements for us to retain certain Data, usually for a specified amount of time. We also retain Data to help our business operate and to have information available when we need it. However, we do not need to retain all Data indefinitely, and retaining Data can expose us to risk as well as be a cost to our business.
1.3 This Data Retention Policy explains our requirements to retain Data and to dispose of Data and provides guidance on appropriate Data handling and disposal.
1.4 Failure to comply with this policy can expose us to fines and penalties, adverse publicity, difficulties in providing evidence when we need it and in running our business.
1.5 This policy does not form part of any employee’s contract of employment and we may amend it at any time.
2. SCOPE OF POLICY
2.1 This policy covers all Data that we hold or have control over. This includes physical Data such as hard copy documents, contracts, notebooks, letters, and invoices. It also includes electronic Data such as emails, electronic documents, audio and video recordings and CCTV recordings. It applies to both Personal Data and Non-Personal Data. In this policy we refer to this information and these records collectively as “Data”.
2.2 This policy covers Data that is held by third parties on our behalf, for example cloud storage providers or offsite records storage. It also covers Data that belongs to us but is held by employees on personal devices.
2.3 This policy explains the differences between our Formal or Official Records, Disposable Information, Confidential Information belonging to others, Personal Data, and Non-Personal Data. It also gives guidance on how we classify our Data.
2.4 This policy applies to all business units and functions of CH & CO.
3. GUIDING PRINCIPLES
3.1 Through this policy, and our Data retention practices, we aim to meet the following commitments:
- We comply with legal and regulatory requirements to retain Data.
- We comply with our Data protection obligations, in particular to keep Personal Data no longer than is necessary for the purposes for which it is processed (Storage Limitation Principle).
- We handle, store, and dispose of Data responsibly and securely.
- We create and retain Data where we need this to operate our business effectively, but we do not create or retain Data without good business reason.
- We allocate appropriate resources, roles, and responsibilities to Data retention.
- We regularly remind employees of their Data retention responsibilities.
- We regularly monitor and audit compliance with this policy and update this policy when required.
4. ROLES AND RESPONSIBILITIES
4.1 Responsibility of all employees. We aim to comply with the laws, rules, and regulations that govern our organisation and with recognised compliance good practices. All employees must comply with this policy, the Record Retention Schedule, any communications suspending Data disposal and any specific instructions from the HR and the Legal Department. Failure to do so may subject us, our employees, and contractors to serious civil and/or criminal liability. An employee’s failure to comply with this policy may result in disciplinary sanctions, including suspension or termination. It is therefore the responsibility of everyone to understand and comply with this policy.
4.2 Each department is responsible for identifying the Data that we must or should retain, and determining, in collaboration with the Legal Department or HR the proper period of retention. It also arranges for the proper storage and retrieval of Data, co-ordinating with outside vendors where appropriate.
5. TYPES OF DATA AND DATA CLASSIFICATIONS
5.1 Formal or official records. Certain Data is more important to us and is therefore listed in the Record Retention Schedule. This may be because we have a legal requirement to retain it, or because we may need it as evidence of our transactions, or because it is important to the running of our business. Please see Paragraph 6.1 below for more information on retention periods for this type of Data.
5.2 Disposable information. Disposable information consists of Data that may be discarded or deleted at the discretion of the user once it has served its temporary useful purpose and/or Data that may be safely destroyed because it is not a formal or official record as defined by this policy and the Record Retention Schedule. Examples may include:
- Duplicates of originals that have not been annotated.
- Preliminary drafts of letters, memoranda, reports, worksheets, and informal notes that do not represent significant steps or decisions in the preparation of an official record.
- Books, periodicals, manuals, training binders, and other printed materials obtained from sources outside of CH & Co and retained primarily for reference purposes.
- Spam and junk mail.
Please see Paragraph 6.2 below for more information on how to determine retention periods for this type of Data.
5.3 Personal Data. Both formal or official records and disposable information may contain Personal Data; that is, Data that identifies living individuals. Data Protection Legislation requires that Personal Data is not retained for no longer than is necessary for the purposes for which it is processed (principle of storage limitation). See Paragraph 6.3 below for more information on this.
5.4 Confidential information belonging to others. Any confidential information that an employee may have obtained from a source outside of CH & CO, such as a previous employer, must not, so long as such information remains confidential, be disclosed to or used by us. Unsolicited confidential information submitted to us should be refused, returned to the sender where possible, and deleted, if received via the internet.
6. RETENTION PERIODS
6.1 Formal or official records. Any Data that is part of any of the categories listed in the Record Retention Schedule contained in the Annex to this policy, must be retained for the amount of time indicated in the Record Retention Schedule. A record must not be retained beyond the period indicated in the Record Retention Schedule unless a valid business reason (or notice to preserve documents for contemplated litigation or other special situation) calls for its continued retention. If you are unsure whether to retain a certain record, contact the Legal Department.
6.2 Disposable information. The Record Retention Schedule will not set out retention periods for disposable information. This type of Data should only be retained as long as it is needed for business purposes. Once it no longer has any business purpose or value it should be securely disposed of.
6.3 Personal Data. As explained above, Data Protection Legislation require us to retain Personal Data for no longer than is necessary for the purposes for which it is processed (principle of storage limitation). Where Data is listed in the Record Retention Schedule, we have considered the principle of storage limitation and balanced this against our requirements to retain the Data. Where Data is disposable information, you must consider the principle of storage limitation when deciding whether to retain this Data. More information can be found in in our Privacy Standard.
6.4 What to do if Data is not listed in the Record Retention Schedule. If Data is not listed in the Record Retention Schedule, it is likely that it should be classed as disposable information. However, if you consider that there is an omission in the Record Retention Schedule, or if you are unsure, please contact the Legal Department
7. STORAGE, BACK-UP, AND DISPOSAL OF DATA
7.1 Storage. Our Data must be stored in a safe, secure, and accessible manner. Any documents and financial files that are essential to our business operations during an emergency must be duplicated and/or backed up at least once per week and maintained off site. Please refer to our Business Continuity Plan.
7.2 Destruction. Each department is responsible for the continuing process of identifying the Data that has met its required retention period and supervising its destruction. The destruction of confidential, financial, and employee-related hard copy Data must be conducted by shredding if possible. Non-confidential Data may be destroyed by recycling. The destruction of electronic Data must be co-ordinated with the IT Department.
7.3 The destruction of Data must stop immediately upon notification from the Legal Department or HR that preservation of documents for contemplated litigation is required (sometimes referred to as a litigation hold). This is because we may be involved in a legal claim or an official investigation (see next paragraph). Destruction may begin again once the Legal Department lifts the requirement for preservation.
8. SPECIAL CIRCUMSTANCES
8.1 Preservation of documents for contemplated litigation and other special situations. We require all employees to comply fully with our Record Retention Schedule and procedures as provided in this policy. All employees should note the following general exception to any stated destruction schedule: If you believe, or the Legal Department informs you, that certain records are relevant to current litigation or contemplated litigation (that is, a dispute that could result in litigation), government investigation, audit, or other event, you must preserve and not delete, dispose, destroy, or change those records, including emails and other electronic documents, until the Legal Department determines those records are no longer needed. Preserving documents includes suspending any requirements in the Record Retention Schedule and preserving the integrity of the electronic files or other format in which the records are kept.
8.2 If you believe this exception may apply, or have any questions regarding whether it may apply, please contact the Legal Department.
8.3 In addition, you may be asked to suspend any routine Data disposal procedures in connection with certain other types of events, such as our merger with another organisation or the replacement of our information technology systems.
9. WHERE TO GO FOR ADVICE AND QUESTIONS
9.1 Questions about the policy. Any questions about retention periods relevant to your function or department should be raised with your Manager. Any questions about this policy should be referred to Legal at [email protected] who is in charge of administering and updating this policy.
10. BREACH REPORTING AND AUDIT
10.1 Reporting policy breaches. We are committed to enforcing this policy as it applies to all forms of Data. The effectiveness of our efforts, however, depend largely on employees. If you feel that you or someone else may have breached this policy, you should report the incident immediately to your supervisor. If you are not comfortable bringing the matter up with your immediate supervisor, or do not believe the supervisor has dealt with the matter properly, you should raise the matter with the Director of Legal or anyone in the Legal team. If employees do not report inappropriate conduct, we may not become aware of a possible breach of this policy and may not be able to take appropriate corrective action.
10.2 No one will be subject to and we do not allow any form of discipline, reprisal, intimidation, or retaliation for reporting incidents of inappropriate conduct of any kind, pursuing any record destruction claim, or co-operating in related investigations.
10.3 Audits. Our Director of Legal will periodically review this policy and its procedures (including where appropriate by taking outside legal or auditor advice) to ensure we are in compliance with relevant new or amended laws, regulations or guidance. Additionally, we will regularly monitor compliance with this policy, including by carrying out audits.
11. OTHER RELEVANT POLICIES
11.1 This policy supplements and should be read in conjunction with our other policies and procedures in force from time to time, including without limitation our:
- Acceptable use policy
- Privacy Policy
- E-mail Policy
- Internet Usage Policy
- IT Governance Policy
- Password Policy
- Security Policy
- Business continuity Policy
- And other IT, security and Data related policies, which are available Sharepoint
ANNEX A DEFINITIONS
Data: all Data that we hold or have control over and therefore to which this policy applies. This includes physical Data such as hard copy documents, contracts, notebooks, letters and invoices. It also includes electronic Data such as emails, electronic documents, audio and video recordings and CCTV recordings. It applies to both Personal Data and Non-Personal Data. In this policy we refer to this information and these records collectively as “Data”.
Data Retention Policy: this policy, which explains our requirements to retain Data and to dispose of Data and provides guidance on appropriate Data handling and disposal.
Data Protection Legislation: For the purposes of the United Kingdom – UK GDPR and the Data Protection Act 2018 and for Ireland – Data Protection Act 2018 and the EU GDRP.
Disposable Information: disposable information consists of Data that may be discarded or deleted at the discretion of the user once it has served its temporary useful purpose and/or Data that may be safely destroyed because it is not a formal or official record as defined by this policy and the Record Retention Schedule.
Formal or Official Record: certain Data is more important to us and is therefore listed in the Record Retention Schedule. This may be because we have a legal requirement to retain it, or because we may need it as evidence of our transactions, or because it is important to the running of our business. We refer to this as formal or official records or Data.
Non-Personal Data: Data which does not identify living individuals, either because it is not about living individuals (for example financial records) or because it has been fully anonymised.
Personal Data: any information identifying a living individual or information relating to a living individual that we can identify (directly or indirectly) from that Data alone or in combination with other identifiers we possess or can reasonably access. This includes special categories of Personal Data such as health Data and pseudonymised Personal Data but excludes anonymous Data or Data that has had the identity of an individual permanently removed. Personal Data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
Record Retention Schedule: the schedule attached to this policy which sets out retention periods for our formal or official records.
Storage Limitation Principle: Data Protection Legislation require us to retain Personal Data for no longer than is necessary for the purposes for which it is processed. This is referred to in Data Protection Legislation as the principle of storage limitation.
ANNEX B RECORD RETENTION SCHEDULE
CH & Co establishes retention or destruction schedules or procedures for specific categories of Data. This is done to ensure legal compliance (for example with our Data protection obligations) and accomplish other objectives, such as protecting intellectual property and controlling costs.
Employees should comply with the retention periods listed in the Record Retention Schedule below, in accordance with this Retention Policy.
If you hold Data not listed below, please contact the Legal Department. If you still consider your Data should be listed, if you become aware of any changes that may affect the periods listed below or if you have any other questions about this Record Retention Schedule, please contact Legal at: [email protected].
| Financial Statements, audit reports, profit, and loss accounts | 6 years | Section 388(4)(a)(b) Companies Act 2006 |
| Purchase of Company Shares | 10 years | Section 702 Companies Act 2006 |
| Copies of memorandums, articles of association, resolutions passed at general meetings, minutes of general meetings and decisions made at such meetings | 10 years | Section 359 Companies Act 2006 |
| Board Meeting Minutes and Resolutions | 10 years | Section 248 Companies Act 2006 |
| Company accounts and general records | 3 years | Section 388(4)(a)(b) Companies Act 2006 |
| Tax and accounting records | 6 years | Section 12B Taxes Management Act 1970 |
| Food complaints | 3 years | Food Safety Laws |
| Work related examinations and accident relating to Hazardous substances | 40 years | Control of Substances Hazardous to Health Regulations |
| Data concerning the recycling and disposal of waste | 6 years | Environmental Agency |
| Waste Transfer Notes | 2 years | Environmental Agency |
| Accident reports | 3 years | Reporting of Injuries, Disease and Dangerous Occurrences Regulations 2013 |
| Accident Books | 40 years | Reporting of Injuries, Disease and Dangerous Occurrences Regulations 2013 |
| Insurance policies | 6 years | Best Practice, as per client contracts |
| Records of deliveries of goods and services | 6 years | Taxes Management Act 1970 |
| Debtors and Creditors report | 6 years | Data Protection Legislation: |
| Customers and Suppliers Records | 6 years | Data Protection Legislation: |
| IPR records | Retain for the life of the trademark and 6 years thereafter | Section 5 Limitation Act 1980 |
| Permits, licences, certificates | 6 years | Data Protection Legislation: |
| Confidential and non-competition agreements | 6 years | Section 5 Limitation Act 1980 |
| General correspondence | 6 years Containing Personal Data no longer than is necessary | Data Protection Legislation: |
| Employee Checks | 6 years from end of employment | Best Practice |
| Employment contract, training records, personal records, changes to terms and conditions | 6 years from end of employment | Potential claim may need this information |
| Coronavirus – Furlough | 6 years from end of employment | HMRC |
| Records relating to hours worked and payments made to employees. | 6 years from end of employment | NATIONAL Minimum Wage Act 1998 |
| Records showing compliance with the Working Time Regulations | 6 years from end of employment | Working Time Regulations 1998 |
| National Insurance Records | 6 years from end of employment | |
| Wage and salary records | 6 years from end of employment | Section 12B Taxes Management Act 1970 & claim period |
| Family Friendly | 6 years from end of employment | Potential claim may need this information |
| Performance and development | 6 years from end of employment | Potential claim may need this information |
| PAYE | 6 years from end of employment | Regulation 97 Income Tax (Pay as You Earn) Regulations 2003 (SI 2003/2682) |
| Payroll records (wages, tax, payslips, bonuses, expenses, benefits in kind, overtime) | 6 years from end of employment | Potential claim may need this information |
| Pension plans and schemes | 12 years from the ending of any benefit payable under the policy | Regulation 18 Registered Pension Scheme (Provision of Information) Regulations 2006 (SI 206/567) |
| Agency workers Data concerning a temporary worker. |
2 years 6 years |
Section 5 Limitation Act 1980 Potential claim may need this information |
| Reports on employee performance, review meetings and assessment meetings | 6 years from end of employment | Section 5 Limitation Act 1980 |
| Sickness and Health | 6 years from end of employment | May need this information for potential claims. |
| Copy of identification documents | 2 years from end of employment | Section 5 Limitation Act 1980 |
| Records relating to foreign employees. | 6 years from end of employment | Section 5 Limitation Act 1980 |
| Medical files | 6 years | Potential claim may need this information |
| Leavers | 6 years from end of employment | May need this information for potential claims. Limitation Act 1980 |
| Recruitment – unsuccessful applicant | 1 year after date of application | Time limits relating to claims in the Discrimination Acts could be extended from 6 months so it is advisable to retain for longer |
| GDPR (SAR) | 1 year after completion | Data Protection Act 2018 |
| Whistleblowing | 6 months following the outcome (if a substantiated investigation). If unsubstantiated, Personal Data should be removed immediately. | Public Interest Disclosure Act 1998 |