We have numerous personnel files and payroll records from employees who have long since left the company. I am planning to shred all files from employees who left more than six years ago – is there anything I should be keeping or is six years a safe cut-off point? We have no outstanding personal injuries or other claims associated with any ex-staff.

Posted in : First Tuesday Q&A ROI on 8 April 2015
Zelda Cunningham
Arthur Cox

It is best practice for an employer should retain the files of its employees for the duration of the contract of employment and for a further period of 7 years after the termination of the contract. 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 claim for breach of the employment contract. A claim for breach of contract can be brought up to 6 years after the occurrence of a breach.

A period of 7 years (and not 6 years) is

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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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