Record Keeping for sponsored employee

[gattha]

Hi there,

I have a colleague who was on Tier 2 sponsored visa which he got ealier this year.

He has resigned from his job earlier in sepetmeber and went back home... And home office has been informed about the same...

I wanted to know if the employer still needs to keep his record and details? More importantly does the employer need to keep his payslips and p60 forms?

The Appendix D for sponsorship guideline says:

'All documents must be kept for the following length of time unless otherwise stated:
• The duration the migrant is sponsored (if less than one year); or
• One year; or
• Until a visiting officer has examined and approved them;
Whichever is shorter, unless the document needs to be kept for other purposes1.'

So looking at the first point, am i right in saying, details need to be stored only if employee is still sponsored?

[The Station Agent]

Under UK immigration rules they only need to keep the records while the person is sponsored, BUT I believe UK employment law means they are supposed to keep the records for 2 years. If he was an employee then I think the employment law is enforceable.

[gattha]

Thank you very much for your reply...