HR Advice Hub

What Records Should Employers Legally Keep?

If you run a small business, keeping on top of employee records might not feel like a priority - but it’s an important part of staying compliant and managing your team properly.

The good news is, it doesn’t have to be complicated.

This guide breaks down the key records employers in the UK should keep, what’s legally required, and what’s simply good practice.

Why Keeping Employee Records Matters

Keeping accurate records helps you:

• Stay compliant with employment law

• Handle employee issues fairly and consistently

• Protect your business if something goes wrong

• Make better, more informed decisions

It also gives you confidence that everything is documented properly if questions or disputes arise.

What Employee Records Are Legally Required?

There isn’t one single list set out in law, but employers are expected to keep certain employee records to meet legal obligations. These include:

Employee Details

• Name, address and contact information

• Date of birth

• National Insurance number

• Employment start date

Pay and Working Time Records

• Pay, deductions and payslips

• Working hours (especially for minimum wage compliance)

• Overtime and holiday pay

Holiday and Leave Records

• Annual leave entitlement and usage

• Sickness absence records

• Statutory leave (e.g. maternity, paternity)

Right to Work Checks

• Proof of eligibility to work in the UK

• Copies of documents checked

Health and Safety Records

• Workplace incidents or accidents

• Risk assessments (where relevant)

What Records Are Good Practice to Keep?

Alongside legal requirements, there are records that aren’t strictly mandatory - but are strongly recommended. These include:

• Employment contracts

• Disciplinary and grievance records

• Performance reviews

• Training records

• Notes from meetings or conversations

Recruitment and Qualification Records

It’s also good practice to keep records from your recruitment process, including:

• Interview notes and scoring

• Shortlisting decisions

• Copies of job adverts or role descriptions

Keeping these helps you:

• Show decisions were fair and consistent

• Respond to any questions or challenges from candidates

• Demonstrate a clear, structured process

If a role requires specific qualifications, you should also:

• Check original certificates

• Keep copies on file

• Record when checks were carried out

This helps ensure employees are suitably qualified and protects your business if questions are raised later. This is especially important in regulated roles or where qualifications are a legal requirement.

How Long Should You Keep Employee Records?

Retention periods can vary depending on the type of record, but as a general guide:

• Payroll records: at least 3 years (HMRC requirement)

• Working time records: 2 years

• Right to work documents: duration of employment plus 2 years

• Annual leave records and holiday pay: Employers must keep records for at least 6 years from the date they were made. This came into play on the 6th April 2026.

Other HR records, such as disciplinary or grievance documentation are often kept for around 6 years in line with limitation periods for employment claims.

With increasing focus on enforcement, including the Fair Work Agency, having clear and accurate records is becoming even more important. ACAS provides guidance and support to help employers get things right, while the Fair Work Agency will focus on enforcing employment rights where issues arise.

There isn’t one single rule for all HR records - retention periods come from a mix of legal requirements and data protection principles, so it’s important to apply them appropriately.

If your business has a data protection officer or internal data policies, these can provide further guidance on how long records should be kept in your organisation.

It’s also important to follow UK GDPR principles and avoid keeping personal data for longer than necessary.

Common Mistakes to Avoid

Some of the most common issues small businesses face include:

• Not keeping records consistently

• Missing key documents or updates

• Storing information in different places

• Keeping records but not knowing where they are

Keeping things simple and organised makes a big difference.

Need HR Support?

If you’re unsure whether your records are up to date or compliant, getting a quick review can help you spot any gaps early.

Clear, well-managed records don’t just help with compliance - they make day-to-day HR much easier to manage.

If you need support reviewing your current records or putting the right processes in place, BloomHR can help you create something that works for your business. Contact us for more information.