How long do large companies keep employee records for?

tante · 11 August 2018 at 2:22PM

I'd like to apply for work at a local branch of a medium/large national chain, but around 13 years ago I was fired (techincally...) from a different branch. My name is now different due to marriage - if I apply again, are they likely to pick up on the system that I have previously worked for the same company, perhaps from my national insurance number? Would it be normal to keep something like that for 13 years?

(I actually resigned from the position, which was only a few hours per week, after falling suddenly ill and having to leave the city for treatment with no idea if or when I would recover. A month later I got a letter saying I had been fired for gross misconduct (i.e. failing to come to work)! At the time I wasn't in any state to argue with that, and just let it go.)

General_Grant · 11 August 2018 at 2:38PM

See if they ask about your work history. Do they ask for information from that far back?

tante · 11 August 2018 at 2:45PM

I'm not sure, I haven't applied yet as the process is to go into the store and hand in your CV, by the look of it... my normal CV wouldn't include employment this far back but I'm not sure what they ask about on their internal forms.

General_Grant · 11 August 2018 at 2:56PM

You don't have much (anything) to lose by taking that CV in.

However if they did go on to ask for information as far back as 13 years, do tell them. You would presumably also have a gap between then and when you began work again.

tante · 11 August 2018 at 3:06PM

Do you think they will actually still have a record from then? I'm conflicted, I wouldn't want a potentially embarrassing situation if I was to be hired and then HR came across my 'firing' details when putting me on the system... but then again, it doesn't seem wise to bring something up from years ago that could jeapordise my application if they might not even have the details!

sangie595 · 11 August 2018 at 6:09PM

We couldn't possibly know. They perhaps ought not to have records that old. But who knows - apart from them? Companies shouldn't have blacklists either, but some do. Some keep records of people they wouldn't employ or re-employ. Whether this one does, we couldn't know. They are hardly likely to advertise the fact - blacklists are illegal!

Tigsteroonie · 11 August 2018 at 6:20PM

It's an interesting question, as under the new GDPR employers have to have compelling reasons for retaining records of ex-employees beyond six tax years after the end of their employment ... But I suspect not many employers have addressed this matter yet.

I do have to say that your previous employment would probably be picked up, as most payroll systems will only allow a single record per NINO (to avoid duplication of tax records) - presuming that they have retained the same payroll system.

DigForVictory · 11 August 2018 at 6:48PM

It's a punt on "have they updated their accounting &/or payroll in the intervening years". So long as you are ready for a *possible* chat with HR, I'd go for it.

foxy_squirrel · 16 August 2018 at 12:21AM

I am pretty certain they would have your name somewhere on the system. Your national insurance number would flag it up. Just be honest. 13 years ago is a long while. On your CV I would only go back 5 years anyway.

shortcrust · 16 August 2018 at 8:46AM

Tigsteroonie wrote: »

It's an interesting question, as under the new GDPR employers have to have compelling reasons for retaining records of ex-employees beyond six tax years after the end of their employment ... But I suspect not many employers have addressed this matter yet.

I do have to say that your previous employment would probably be picked up, as most payroll systems will only allow a single record per NINO (to avoid duplication of tax records) - presuming that they have retained the same payroll system.

Ensuring that employees fired for gross misconduct are not offered future employment would seem to me to be a compelling reason to keep the records.

AstroTurtle · 16 August 2018 at 9:15AM

shortcrust wrote: »

Ensuing that employees fired for gross misconduct are not offered future employment would seem to me to be a compelling reason to keep the records.

Agreed. OP it's near enough 100% they will still have a record of you on their system/papers or even employee's working their may remember you.

13 years ago sounds like a long time but that was only 2005, lots of systems companies use for staff management and payroll existed then and are still used today. Odd's of most employers cleaning them out because of GDPR? Slim.... Especially if they have retained gross misconduct notes incase they were worried about any tribunal action.

Doesn't make it right but doesn't help you really.

Also to whoever said they would only put 5 years experience on a CV, I would want a lot more than the last 5 years if I was hiring someone and leaving a gap like that would raise questions.

In relation to record keeping and GDPR, It depends on their lawful basis for processing that data. Chances are during the first 3-6 years they will adopt the Legal Obligation defence for retaining records but that doesn't mean after that they delete it all. They would just adopt a new defence of it's a legitimate interest of their business to retain the records for prevention of future hiring, lawsuits etc etc. OP would then need to argue that their interests override that of the company for example.

Again NONE of this has been tried and tested in a court under GDPR yet so it's a guessing game till then.

How long do large companies keep employee records for?

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