The employer should always keep a record of each interview conducted, and in particular record the reasons for the selection of the successful applicant and the reasons for the rejection of the unsuccessful candidates.
These records would be needed if one of the unsuccessful candidates were to bring a claim for unlawful discrimination. The time limit for a discrimination claim to be brought to an employment tribunal is six months from the date of the alleged act of discrimination, where the act takes place on or after 1 October 2026. For claims about events before 1 October 2026, the previous three-month time limit applies.
As time limits can be extended to take account of the early conciliation procedure, and in other limited circumstances, the employer may decide to retain records for at least 12 months.
To comply with its data protection obligations, the employer must keep the records for no longer than is necessary.
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