Retention Policy

Winkworth Franchising Limited

Document Retention Strategy & Policy

Winkworth Franchising Limited ("WFL") is committed to protecting and respecting your privacy. WFL is currently registered under the Data Protection Act 1998 Number: Z6407041, for further information please visit the Information Commissioners Website at www.ico.org.uk.

All of the Winkworth offices are independently owned and operated by franchisees under licence from WFL as the franchisor ("Franchisee(s)"). For the purpose of the Data Protection Act 1998 and the General Data Protection Regulation (the “Act”), in certain instances the data controller is dependent on the given activity and use of the information obtained and will either be the given Franchisee, WFL (of 4th Floor, 1 Lumley Street, London, W1K 6TT) or a subsidiary of WFL. In the large majority of circumstances, the data controller is likely to be WFL as a consequence of the centralised data management arrangement operated throughout the Winkworth network by WFL and the franchisees. Within this policy, references to "Winkworth" shall be deemed to mean the Franchisees (whether separately or altogether), WFL and its subsidiaries, as well as any holding company of WFL and its subsidiaries as appropriate. If you have any questions regarding this Policy you should contact Winkworth in the first instance via This email address is being protected from spambots. You need JavaScript enabled to view it. or to the following address:

The Data Protection Office Winkworth Franchising Limited 4th Floor, 1 Lumley Street London W1K 6TT

Introduction

1. Information and data is one of Winkworth’s key corporate assets. In the course of carrying out its’ various functions, Winkworth accumulates information from both individuals and external organisations. Winkworth also generates a wide range of data, which is recorded in documents and records. Winkworth strives to maintain data in accordance with the Act.

2. These documents and records are in several different formats, examples of which include, (but are not limited to) communications such as letters, emails and attendance notes; financial information including invoices, statements and reports; legal documents such as contracts, leases and deeds; and information relating to landlords, vendors, applicants, purchasers, tenants and other individuals taking an interest in property.

3. For the purposes of this Policy, the terms ‘document’, ‘data’ and ‘records’ include information in both hard copy and electronic form.

4. In certain circumstances, it will be necessary to retain specific documents in order to fulfil statutory or regulatory requirements and also to meet justifiable operational needs. Document retention may also be useful to evidence events or agreements in the case of disputes, and also to preserve information which has historic value. Winkworth has developed this Policy with the intention of benefitting Winkworth and the data subjects to strike a careful balance between legal obligations, operational efficiency and retention of data for periods which are reasonable and appropriate in the circumstances.

5. Winkworth will retain some data and forms of information for longer than others. In line with principle 5 of the Act, information is not sought to be kept longer than is necessary.

6. The retention of all documents and records is impractical and appropriate disposal forms an important aspect of this Policy. Disposal will assist Winkworth to maintain sufficient electronic and office storage space and will de-clutter office accommodation. Winkworth operates a “paper light” approach to hard copy documents with the majority of records being retained electronically rather than as hard copies where possible.

Winkworth’s Policy schedule is a tool used to ensure the retention of business information, personal data and sensitive personal data for as long as it is needed and justified in accordance with our balanced approach referred to in paragraph 4 above. Winkworth is keen to be transparent and proactive on how data will be retained by Winkworth and ultimately destroyed. This Document Retention Strategy and Policy should be read in combination with our Privacy Policy http://www.winkworth-international.com/privacy-policy. It takes account of the context within which Winkworth operates, including the legal and regulatory environment, for example compliance with the 5th data protection principle, the expectations of stakeholders and Winkworth’s ongoing legal obligations. It is intended primarily as a resource to inform you about how data is held, processed, archived and destroyed to enable disposal activity to be carried out in a consistent and controlled manner.

A table containing the intended retention period is given for each relevant data category. The retention period applies to all records in that category default, and will be adhered to wherever possible, although it is recognised by Winkworth that there may be exceptional circumstances which require documents to be kept for either shorter or longer periods. In addition, it should be noted that, in line with the Act and Winkworth’s obligation to implement appropriate physical and technical security measures, the data and information held by Winkworth electronically is regularly and periodically backed up. These back up copies are maintained indefinitely and in accordance with Winkworth’s Security Policy to ensure the consistency and stable framework upon which Winkworth operates its business. On this basis these back up copies are unaffected by the retention periods for each relevant data category which form part of this Policy. The data set which forms part of each backup copy will be unaffected by the retention periods and action taken in line with the retention periods as referred to below.

Retention periods also apply to all formats of records, i.e. paper and electronic, unless specifically stated otherwise.

The primary factors that inform decisions on retention are:

  • Business need.
  • Services provided to our customers.
  • Provision of professional estate agency and associated activities.
  • Our experience of when retention of information and data is likely to be beneficial to the data subject as relevant to the specific services they seek from Winkworth, including estate agency services.
  • Legislative and regulatory requirements – for example compliance with the 5th data protection principle. Where relevant legislation is listed.
  • Informed and express consent of the data subject.

In our experience, data subjects are often keen to consent to Winkworth maintaining data and information beyond the periods referred to as part of this Policy. The reason and justification for these extended periods of retention, by way of example, can include:

  • Provision of extended record keeping services.
  • Removing an administrative burden from data subjects.
  • Enabling an ease of operation between Winkworth and the data subject.
  • Maintaining an ongoing business relationship, which may be limited to matters such as a data subject’s ongoing interest in the property market, beyond the periods maintained as part of the Policy.

It is therefore not unusual for data subjects to provide free and unambiguous consent to Winkworth to retain data beyond the periods forming part of this Policy.

Data Retention Schedule - Summary

1. Purpose of this document

A vital part of Winkworth’s Data Protection Policy and practice is for personal data to be retained for the appropriate period of time – neither too long nor too short. It is Winkworth’s policy to retain all information only for as long as specified in the Data Retention Schedule and, in general, no longer than two years plus the current year.

This document is a summary of the Data Retention Schedule, and gives an indication of the categories of personal data held by Winkworth and the basis on which Winkworth often retains data and information for longer than the two years stipulated in the Policy.

2. Current plus two-year rule

Personal data is not usually held for more than two years after it ceases to be current, unless there is a specific reason for doing so (see below for the specific categories requiring different retention periods). The definition of current will vary according to the personal data: for example, it will mean until the sale of a house has completed, or until a member of staff has ceased being employed by Winkworth where it relates to staff.

The ‘current plus two years’ rule is a target period for retention. If there is no need to keep the personal data that long, then it may be disposed of securely before the two years’ time-limit. Winkworth will aim to assess and update data held in accordance with this Policy on a quarterly basis which means the two-year plus current rule will ultimately be subject to this quarterly variance.

3. Exceptions to the two-year rule

This section gives a guide to the categories which have legislation determining the length of time for which personal data within that category should be retained. An indication is given to the main section of the Data Retention Schedule dealing with this category.

Category

Examples & Retention period

Financial records

• Tax information, Purchase ledger, sales ledger, cash book payments etc.

Payroll data

Current year plus 6 years

Complaints

• Correspondence with complainants, correspondence with The Property

Ombudsman Service : Property

Current year plus 6 years

Contractual arrangements

• Supplier agreements, Service level agreements

Legal contracts

Tender documentation

Life of contract plus 6 years

Governance papers

• Articles, Instruments and company administration records

Agendas and minutes of meetings

Current year plus 6 years

Data Protection requests

• Correspondence regarding Data Subject Access requests

Current year plus six years

Personnel records

• Wide variety of specific retention limits – please see Schedule below
from 6 months to 75 years

Health and Safety records

• Please refer to Health and Safety Officer

Retention Schedule Up to 50 years

Know Your Client and Money Laundering Information

• Copies of Passports and Proof of Address

Current year plus 6 years

Estate Agency Relevant Information

• Details of offers to purchase, deposit information, Memorandum of sales

Current year plus 6 years

Details relating to current and potential Franchisee(s) (and Guarantors) and their  representatives

• Financial information, personal data, audit information

Current year plus 6 years

Given our experience of document and data retention, Winkworth operates a Policy where usually data is firstly archived. Archived data can then either become live data on the basis of repeated operation or alternatively can lead to deletion of the data after the periods of retention forming part of this Policy. Data which is archived is held on the following basis:

  1. Once data has been archived this means it will not be actively used by Winkworth. Unless the data becomes current and/or the data subject requests such data to become current.
  2. Once data becomes current again the two year plus current year rule will be reapplied to such data.
  3. Data which has been archived will generally remain archived for 2 years and then will be destroyed or anonymised.

Data Retention periods (Detailed)

Data Category

Records Held (type of data)

Retention Timescale years

Purpose of Retention

Action Following Retention

Legal Basis/Relevant Winkworth Policy

Payroll

Payroll Records

Current Tax Year + 6

Legal Compliance

Destroy

HMRC Policy

Time Sheets

Current Year + 2

Consistent with Policy

Destroy

HR Policy

Salary Details

Current Tax Year + 6

Legal Compliance

Destroy

HRMC Policy

Overtime Records

Date of Termination + 3

Consistent with Policy

Destroy

HR Policy

P45

Current Tax Year + 5

Legal Compliance

Destroy

Taxes Management Act 1970

P60 Lists

Previous Year + 2

Consistent with Policy

Destroy

HR Policy

Finance

Annual Accounts

Previous Year +2+ Archive

Consistent with Policy

Permanent

Finance Policy

Monthly Financial Statements

Current Year + 2

Consistent with Policy

Destroy

Finance Policy

Internal Audit Reports

Current Financial Year + 2

Consistent with Policy

Destroy

Finance Policy

External Audit Reports

Previous Year + 2 + Archive

Consistent with Policy

Permanent

Finance Policy

Tax Documentation

Current Financial Year + 5

Legal Compliance

Destroy

Value Added Tax Act 1994

VAT Administration

Current Tax Year + 5

Consistent with Policy

Destroy

Finance Policy

Cheque Reconciliations

Creation until after Audit then 6

Consistent with Policy

Destroy

Finance Policy

Travel/Staff Expenses, etc.

Current Year + 5

Consistent with Policy

Destroy

Finance Policy

BACS prints

Current Financial Year + 3

Consistent with Policy

Destroy

Finance Policy

Legal Costs

Current Financial Year + 5

Consistent with Policy

Destroy

Finance Policy

Invoices

Current Year + 5

Consistent with Policy

Destroy

Finance Policy

Orders

Current Year + 5

Consistent with Policy

Destroy

Finance Policy

  Purchase Records Current Tax Year + 5 Consistent with Policy Destroy Finance Policy

Human Resources

Current Staff Details

Retain and check currency

Legal Compliance

Retain

CIPD Recommendation

Former Staff Details

Date of Termination + 6

Legal Compliance

Destroy

CIPD Recommendation

Staff Career Development Reviews

Retain for current staff. Former staff Termination + 2

Consistent with Policy

Retain/Destroy

HR Policy

Attendance Records

Date of Termination + 4

Consistent with Policy

Destroy

HR Policy

Occupational Health Reports

Date of Termination + 4

Consistent with Policy

Destroy

HR Policy

Employee Counselling Returns

Date of Termination + 4

Consistent with Policy

Destroy

HR Policy

Exit Interview Forms

Date of Termination + 1

Consistent with Policy

Destroy

HR Policy

Employment Tribunal Records

Date of Termination + 1

Consistent with Policy

Destroy

HR Policy

Personal and Domestic Leave Requests

Date of Termination + 2

Consistent with Policy

Destroy

HR Policy

Declaration of Outside Employment

Date of Termination + 4

Consistent with Policy

Destroy

HR Policy

Holiday/Leave Registers

Date of Termination + 2

Consistent with Policy

Destroy

HR Policy

Pension Documents

Date of Termination + 6

Consistent with Policy

Destroy

HR Policy

References

Date of Termination + 3

Consistent with Policy

Destroy

HR Policy

Disclosure Certificates (clear)

Record Receipt Only

Consistent with Policy

Destroy

HR Policy

Disciplinary Records

Date of Termination + 1

Consistent with Policy

Destroy

HR Policy

Grievance Records

Date of Termination + 1

Consistent with Policy

Destroy

HR Policy

Agency Worker CV

Active + 1

Consistent with Policy

 

HR Policy

Data held on HR System

Date of Termination + 6

Consistent with Policy

Destroy

HR Policy

Maternity Leave Requests

Current Tax Year + 3

Consistent with Policy

Destroy

HR Policy

Flexible Working Requests

Date of Termination + 2

Consistent with Policy

Destroy

HR Policy

Personnel Files

Date of Termination + 6

Consistent with Policy

Destroy

HR Policy

Training Records

Date of Termination + 6

Consistent with Policy

Destroy

HR Policy

Redundancy Details

Active + 6

Consistent with Policy

Destroy

HR Policy

Recruitment Documents

6 months

Legal Compliance

Destroy

CIPD Recommendation

Previous Employment Details Related to

6 months

Legal Compliance

Destroy

CIPD Recommendation

Successful Post Applications

Transfer to staff file

Legal Compliance

Transfer to staff file

CIPD Recommendation

Unsuccessful Post Applications

1 Year

Legal Compliance

Destroy

CIPD Recommendation

Interview Notes

1 Year

Legal Compliance

Destroy

CIPD Recommendation

Bank Details

Current Tax Year + 5

Consistent with Policy

Destroy

HR Policy

Health and Safety

Health and Safety Reports

Current Year + 5

Consistent with Policy

Destroy

H&S Policy

Health and Safety Records

40 (COSHH)

Consistent with Policy

Archive

H&S Policy

Legal Documentation

Permanent

Consistent with Policy

Archive

H&S Policy

Risk Assessment Reports

Year of Assessment + 3

Legal Compliance

Destroy

Management of Health and Safety at Work Regulations 1992

Accident Book

4 years from date of last entry

Legal Compliance

Archive

Legislation

Health and Safety Correspondence

Current Year + 5

Legal Compliance

Destroy

Legislation

Safety Training Records

Current Year + 6

Legal Compliance

Destroy

Legislation

Fire Safety Certificates

Permanent

Legal Compliance

Archive

Legislation

Fire Risk Assessment and Fire Plans

Active

Legal Compliance

Archive

Legislation

  PPE Maintenance and Examination Current Financial Year + 5 Legal Compliance Archive Legislation
  LEV Monitoring Current Financial Year + 6 Legal Compliance Archive Legislation
  Lifting Operations - Examinations Active Legal Compliance Archive Legislation
  Fire Occurrence Records Current Year + 5 Consistent with Policy Destroy H&S Policy

Insurance

Insurance Policies

12 years

Legal Compliance

Hold in Safe

Legislation

Employers Liability Claims

Permanent

Legal Compliance

Archive

Legislation

Estates

Building Plans

Permanent

Consistent with Policy

Available

Property Policy

Resource Management

Current Financial Year + 2

Consistent with Policy

Destroy

Property Policy

Legal Documentation

Permanent

Consistent with Policy

Archive

Property Policy

Waste Transfer Notes

Current Financial Year + 2

Legal Compliance

Archive

Legislation

Waste Consignment Notes

Current Financial Year + 3

Legal Compliance

Archive

Legislation

Business Continuity Plan

Active

Consistent with Policy

Archive

Property Policy

Security Information

Current Year + 5 years

Consistent with Policy

Destroy

Property Policy

Leased Property Files

End of lease + 5 years

Consistent with Policy

Destroy

Property Policy

Property Files

Current Financial Year + 5

Consistent with Policy

Destroy

Property Policy

Job Files

Current Financial Year + 5

Consistent with Policy

Destroy

Property Policy

Leases

End of lease + 5 years

Consistent with Policy

Destroy

Property Policy

CCTV recordings

28 days

Consistent with Policy

Destroy unless legally required

CCTV Policy

Record Management

Record Retention Schedules

Active + 6 years

Consistent with Policy

Destroy

Record Management Policy

Marketing

Promotional Material

Current Year + Archive

Consistent with Policy

Archive

Marketing Policy

Public Relations

Current Year + Archive

Consistent with Policy

Archive

Marketing Policy

Community Liaison

Current Year + Archive

Consistent with Policy

Archive

Marketing Policy

Press Cuttings

Current Year + Archive

Consistent with Policy

Archive

Marketing Policy

Property Portals

Rightmove Leads

Current Years + 2 & Archive

Consistent with Policy

Destroy

Marketing

Zoopla Leads

Current Year + 2 & Archive

Consistent with Policy

Destroy

Marketing Policy

OnTheMarket Leads

Current Year + 2 & Archive

Consistent with Policy

Destroy

Marketing Policy

ICT

Functional Specifications

Active + 2

Consistent with Policy

Destroy

IT Policy

Current Technical Specifications

Active

Consistent with Policy

Destroy

IT Policy

Operating Logs

Active + 1

Consistent with Policy

Destroy

IT Policy

Security Incident Report

Current Year + 5

Consistent with Policy

Destroy

IT Policy

Emails

Active + 2

Consistent with Policy

Destroy

IT Policy

Photocopying Log

Deleted after three months

Consistent with Policy

Destroy

IT Policy

Corporation

Annual Report and Accounts

Permanent

Legal Compliance

Archive

Corporate Policy

Quarterly Reports

Current Financial Year + 5

Legal Compliance

Destroy

Corporate Policy

Policy Documents

Active + 5

Legal Compliance

Destroy

Corporate Policy

Board Committee Papers

Current Year + 5

Legal Compliance

Destroy

Corporate Policy

Board Minutes

Permanent

Legal Compliance

Archive

Corporate Policy

General Correspondence

Current Year + 5

Legal Compliance

Destroy

Corporate Policy

SMT

Senior Management Team Minutes

Current Year + 5

Legal Compliance

Destroy

Corporate Policy

Senior Management Team Papers

Current Year + 5

Legal Compliance

Destroy

Corporate Policy

Estate Agency

Live Lettings Applicant

Current Year +2

Renter applicants are likely to be active during this period

Archive

Network Policy

Live Sales Applicant

Current Year +2

Sales applicants will usually take several years before they purchase

Archive

Network Policy

Live Property Seller

Current Year +2

Property sales can take time and info marketing conditions is relevant

Archive

Network Policy

Live Landlord

Current Year +2

Rental cycles reflect this time period

Archive

Network Policy

Archived Lettings Applicant

2 Years

Business relationship has expired

Destroy/Anonymised

Network Policy

Archived Sales Applicant

4 Years

Not a meaningful potential buyer

Destroy/Anonymised

Network Policy

Archived Property Seller

4 Years

No longer a business relationship

Destroy/Anonymised

Network Policy

Archived Landlord

4 Years

No longer a business relationship

Destroy/Anonymised

Network Policy

Offer Details

Current Year + 6

Legal Compliance

Destroy/Anonymised

Estate Agency Act 1979

Referencing Details

Current Year + 6

Legal Compliance

Destroy/Anonymised

The Limitation Act 1980

Deposit Scheme Information

Current Year + 6

Legal Compliance

Destroy/Anonymised

Housing Act 2004

Last updated 22 May 2018