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Partner started with new firm in April, then on 16 June told no longer need h as that deparent going due to funding. And was asked to work till Sunday but we're ok if I didn't.


He goes on to see no heating, no phone and car had not been paid so he was not covered to drive it, and hmrc were cling out Tuesday. So he got his personal file containing our bank details etc, had a call an hour ago to bring back file as they legal need it, are they right?

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Sorry, I'm just wondering if he has to hand back his personal file. It contains all his bank details and photos and references


Did he just take it or was it given to him?

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If any of the documents are originals, like birth cert then they are yours and nowt to do with the business. If just a photocopy then it wouldnt really matter one way or the other but may be considered to be belonging to the company and so it could be reported as theft..

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It is very standard for employers to retain a copy of some employee documents. The main reason which springs to mind is immigration law - employers need to be able to prove that they have conducted proper checks to ensure that someone has the right to remain in the UK. If they don't do this there is the possibility of very hefty fines. See https://www.gov.uk/check-job-applicant-right-to-work.



If he is no longer working there then I don't think they need his bank details or photos. I'm sure they already have his bank details stored on their payroll system anyway. But they may need a copy of the birth certificate if this was used for immigration checks.




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Correct me if i'm wrong but the only thing an employer can do with bank details is pay in, not take out?


Therefore unless they intend breach the DPA by giving access to others (excluding the Vatman etc.) i see nothing to worry about whatsoever in them having them.


There may even be a requirement to hold this data for a period of time but this is a guess.

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It is a legal requirement for a company to retain ex-employees information for a period of time after they leave.


I have had jobs whereby we were contacted by authorities needing information for fraud investigation purposes for example, and we had a legal obligation to provide all relevant personal information (including bank details) else we faced prosecution.


It also protects both the former employee and employer in case a dispute arises about their contract, pay, etc.


Stealing and/or removing things from a personnel file is not a smart thing to do and could have repercussions later down the line.

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They may need info for tax purposes too. The file should have been in a secure place so it's worrying that it could just be taken.


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