Employee payment records required to be retained for Six Years for National Minimum Wage purposes

Employers are to be required to keep records relevant to National Minimum Wage for 6 years as part of the The National Minimum Wage (Amendment) Regulations 2021.

Regulation 2(5) extends the period for which an employer must keep records sufficient to establish that the employer is remunerating the worker at a rate at least equal to the national minimum wage from three years to six years (regulation 59(8) of the 2015 Regulations). Regulation 3 then provides that this extension applies to records made before this instrument comes into force if the employer was already required by regulation 59 to keep the records immediately prior to the instrument coming into force.

Employers are also required to retain records of furlough claim calculations under the Coronavirus Job Retention Scheme (CJRS) for 6 years.

Does this breach General Data Protection Regulations (GDPR), no as the record keeping is required for lawful purpose. Could an employee exercise the right to be forgotten? No as the retention of the data is for lawful purpose.

PAYadvice.UK 26/3/2021

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