New data protection guidance on keeping employment records
The Information Commissioner’s Office has published finalised guidance on employment practices and data protection: keeping employment records. What do you need to know?
The Information Commissioner’s Office (ICO) is producing topic-specific guidance on employment practices and data protection as part of its resources on the UK GDPR. The ICO published finalised guidance on monitoring workers and information about workers’ health in 2023 and then it issued for consultation draft guidance covering keeping employment records and recruitment and selection. Those consultations closed back in March 2024 and the ICO has now published finalised guidance on keeping employment records. The finalised guidance on recruitment and selection is still outstanding.
The guidance on keeping employment records will help you understand your data protection obligations when keeping employment records about your workers. It covers:
- collecting and keeping employment records, e.g. how can you lawfully keep records of workers’ personal information, what lawful bases might apply to employment records, what conditions might apply for keeping records of special category information and how much information can you hold
- using employment records, e.g. when can you share workers’ personal information with other people or organisations, what are your obligations if you have outsourced some of your processing about your workers, can you collect workers’ information to use for equal opportunity monitoring and what do you need to consider when providing references.
Each of these two subjects are dealt with through a Q&A format, with the answer also providing examples and further reading links.
The guidance additionally includes a series of short checklists covering collecting and keeping employment records, outsourced employment functions, equality monitoring, pension and insurance schemes and mergers and acquisitions.
Related Topics
-
Is it really the end of tax relief for homeworking?
In her 2025 Budget the Chancellor announced the end of tax deductions for “non-reimbursed homeworking expenses”. How might the loss of the deduction affect you and is there an alternative tax relief you can take advantage of?
-
HMRC threatens bogus penalties
Correspondence from HMRC suggests there's a penalty if you don't pay your self-assessment tax bill by Saturday, 31 January. This isn't strictly true, but what are your options if you can't pay on time?
-
HMRC updates guidance for claiming new allowance
Qualifying expenditure on plant and machinery can qualify for a 40% first-year allowance from 1 January 2026. HMRC has now updated its guidance to help make claims. What do you need to do?

This website uses both its own and third-party cookies to analyze our services and navigation on our website in order to improve its contents (analytical purposes: measure visits and sources of web traffic). The legal basis is the consent of the user, except in the case of basic cookies, which are essential to navigate this website.