advogroup.co.uk | accurate recordkeeping
the importance of accurate recordkeeping In the latest advo hr feature we focus on the importance of keeping documentation and accurate records which now includes collecting and storing personal data relating to the NHS Track and Trace scheme, Coronavirus Job Retention Scheme claims, Job Retention Bonus claims and claiming back SSP. This is especially important for any potential Employment Tribunal claims that may be related to processes happening now but may not be heard at Employment Tribunal for several years due to • the current backlog of cases. Decisions made by employers should have an audit trail to be able to justify why decisions were made and to keep an accurate record of events.
has been given due to the circumstance but previously others had only been given a written warning for a similar incident; Selection processes for furlough and redundancies and justification why these were used.
Coronavirus Job Retention and Job Retention Bonus
For those employers who have utilised the Coronavirus Job Employment Tribunals Retention (CJRS) and wish to With Employment Tribunal claims claim for the Job Retention Bonus, linked to Coronavirus potentially there are specific criteria that not being heard until 2022, any needs to be met in order to prove decisions made this year will you are able to make the claims. need to be recorded and justified Employers must keep a copy of by the employer to ensure that all records for 6 years relating to if any cases are lodged there is CJRS claims, including: a clear and accurate reflection • The amount claimed and of these documented. The claim period for each burden of proof often falls to the employee; employer to prove they acted reasonably and fairly given the • The claim reference number circumstances. Things to consider for your records; documenting would include: • Your calculations in case HMRC need more information • Ensuring you have any witness about your claim; statements as soon after the event as possible as given the • For employees you flexibly time lag, key witnesses may furloughed, usual hours no longer work for you by the worked including any time a case is heard; calculations that were • Any decisions to take action that would be different to normal is recorded with a reason given as to why this decision has been made e.g. if a final written warning
required;
• For employees you flexibly furloughed, actual hours worked. You may have seen on the news
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that HMRC are conducting audits and arrests have been made relating to fraudulent claims under CJRS. It is vital that accurate records are kept in case HMRC audit the business. Please visit the following link more guidance on this and to see if your business is required to collect personal data in line with GDPR https://www.gov.uk/ government/publications/jobretention-bonus
Statutory Sick Pay
You must keep records of SSP that you’ve paid and want to claim back from HMRC. The following records should be kept for 3 years after the date the payment is received for that specific claim: • The dates the employee was off sick; • Which of those dates were qualifying days; • The reason they said they were off work – if they had symptoms, someone they lived with had symptoms or they were shielding; • The employee’s National Insurance number. You can choose how you keep records of your employees’ sickness absence. HMRC may need to see these records if there’s a dispute over payment of SSP.
GDPR Trace
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