Human Resources Privacy Notice

Definitions

Policy Statement

We are committed to protecting the privacy and security of your personal information.

This Privacy Notice describes how we collect and use personal information about you when processing your job application and, if applicable, during and after your working relationship with us, in accordance with the General Data Protection Regulation.

It applies to all employees, workers and contractors.

1. Data Protection Principles

We will comply with data protection law which says that the personal information we hold about you must be:

• used lawfully, fairly and in a transparent way;
• collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
• relevant to the purposes we have told you about and limited only to those purposes;
• accurate and kept up-to-date;
• kept only as long as necessary for the purposes we have told you about;
• kept securely.

2. The information we hold about you

In order to comply with our contractual, statutory, and management obligations and responsibilities, we will collect and process personal data, including sensitive data, from job applicants and employees. During our recruitment process we may make use of profiling and access public information on social media, e.g. Facebook, LinkedIn etc., but we will only make use of these after initial interviews.  

During your employment the Company will collect, retain and use personal information about you, which it may store on media, including, but not limited to, information concerning:

• name and title;
• home address and contact details 
• date of birth;
• gender;
• marital status;
• next of kin;
• bank details;
• payroll records and tax status information;
• National Insurance number;
• health, racial or ethnic origin;
• driving licence details;
• passport details;
• absence records including but not limited to, sickness absence records, maternity pay, unauthorised absences, holidays etc.;
• salaries and other benefits;
• occupational health;
• recruitment records and references;
• demographic information;
• employee Reviews, performance records, training records;
• disciplinary and grievance information;
• photographs;
• video footage for marketing purposes;
• CCTV footage;
• records of systems use, i.e. IT facilities, electronic devices including mobile phones, internet/network connections etc.

We may also collect, store and use the following ‘special categories’ of more sensitive personal information:

• information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
• trade union membership;
• information about your health, including any medical conditions, health and sickness records;
• genetic information and biometric data;
• information about criminal convictions and offences (including driving penalties).

3. How will we use this information? 

In certain circumstances, we may process personal data or sensitive data, without explicit consent. Further information on what data is collected and why it’s processed is given below.

Contractual responsibilities: our contractual responsibilities include those arising from the Contract of Employment. The data processed to meet contractual responsibilities includes, but is not limited to, data relating to: payroll, bank account, postal address, sick pay, leave, maternity pay, pension and emergency contacts.

Statutory responsibilities: our statutory responsibilities are those imposed through law on the Company as an employer. The data processed to meet statutory responsibilities includes, but is not limited to, data relating to: tax, National Insurance, Statutory Sick Pay, Statutory Maternity Pay, student loan repayments, attachment of earnings orders, work permits, equal opportunities monitoring.  If asked by the police, or any other regulatory or government authority investigating suspected illegal activities, we may need to provide your personal or sensitive data.

Management responsibilities: our management responsibilities are those necessary for the functioning of the Company. The data processed to meet management responsibilities includes, but is not limited to, data relating to: recruitment and employment, training and development, absence, disciplinary matters, company or statutory sick pay, to make appropriate referrals to the Occupational Health Service, and to make any necessary arrangements or adjustments to the workplace in the case of disability. This processing will not normally happen without the employee’s knowledge and, where necessary, consent.

3.1 Disclosure of personal data to other bodies

In order to carry out our contractual and management responsibilities we may, from time to time, need to share an employee’s personal data with third parties, as required, for the administration of your employment and associated benefits (i.e. payroll company, HMRC, DVLA & licence checking bureaus, potential purchasers of the business and their advisers, lawyers, accountants, pension providers etc.)

3.2 Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

3.3 Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

4. Rights of Access, Correction, Erasure and Restriction

4.1 Your duty to inform us of changes 

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us, including contact details, next of kin, bank details, marital status, and criminal convictions (including driving penalties). 

4.2 Your rights in connection with personal information

 Under certain circumstances, by law you have the right to: 

• request access to your personal information (commonly known as a ‘data subject access request’). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on these grounds. You also have the right to object where we are processing your personal information for direct marketing purposes.
• request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Executive Director in writing.

4.3 No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

5. Right to withdraw consent 

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Company Secretary. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

6. Data Protection Officer

We have appointed a Data Protection Officer (DPO), the Company Secretary, to oversee compliance with this Privacy Notice. If you have any questions about this Privacy Notice or how we handle your personal information, please contact the DPO. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

7. Changes to this Privacy Notice

We reserve the right to update this Privacy Notice at any time, and we will provide you with a new Privacy Notice when we make any substantial updates. We may also notify you in other ways from time-to-time about the processing of your personal information. 

Last updated: May 2018