Once an employee has left the organisation, how long does an employer need to keep that previous employees information on file?

Posted in : First Tuesday Q&A ROI on 7 January 2014
Zelda Cunningham
Arthur Cox
Issues covered:

Employee files should be retained for the duration of the contract of employment and for a period of 7 years post-termination thereafter. While the Unfair Dismissals Acts 1977 to 2007 provide that a claim for unfair dismissal must be taken within 6 months of dismissal (or 12 months in exceptional circumstances), employers may be required to defend a breach of contract claim, which may be brought up to 6 years after the occurrence of the breach of contract.

Given that a plenary summons can be issued 12 months before being served, employee files should be retained for a minimum of 7 years after termination of employment. Where necessary, certain information could be retained indefinitely, for

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Back to Q&A's This article is correct at 02/09/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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