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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I have an ex-employee now making a deafness claim. She was

Resolved Question:

I have an ex-employee now making a deafness claim. She was employed in 1999 left march 2006. The noise regulation act did not come in to force till April 2006, can she claim retrospectively? Is there not a time limit on claims?
Legally how long do I have to keep employee records? I am being asked going back 15 year, do I legally have respond to this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today.

Whilst the current Noise at Work Regulations 2005 came into force in 2006, they only replaced existing legislation, which was the Noise at Work Regulations 1989. So similar laws were already in place before the latest Regulations were introduced and it would have covered the period of employment that this employee had with you.

You would have been required to keep details of noise assessments until a further noise assessment was carried out. Once the employee has left the business, there is no statutory obligation to keep the records specific period of time but it is recommended that they are kept permanently as some personal injury claims could take years to develop and bring forward.

As to the time limit to claim, this would be 3 years from the date the condition was initially diagnosed, so even if the employment dated back years but the effects of the noise exposure at the time have only just become obvious, the employee may still be in time to claim if they were diagnosed with this condition in the last 3 years.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

thanks Ben, your response has been helpful. just to clarify, whilst I understand your comments regarding the employees records being kept after they have left the business am I expected to provided PPI purchase Orders & safety committee minutes going back to 1999?

Ben Jones :

legally - no

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