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What must an employer do with any records made during the selection process?

Keep interview records and selection decisions. Retention should account for potential discrimination claims and data protection requirements.

by The Brightmine Editorial Team

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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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About the authors

The Brightmine Editorial Team

Our in-house team of HR and employment law experts continuously monitors and updates the Brightmine HR & Compliance Centre, providing practical, reliable guidance to help HR professionals stay on top of changing employment law and workplace issues.

With extensive experience across employment law, HR practice, research and legal publishing, the team includes former employment solicitors, experienced legal editors, HR practitioners and CIPD professionals. Many of our experts have spent more than 15 years working in their specialist fields, bringing practical experience and in-depth knowledge to the content they create.

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