PRIVACY NOTICE FOR EMPLOYEES
In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you, our employees, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
This notice applies to current and former employees, workers and contractors.
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
We keep several categories of personal data on our employees in order to carry out effective and efficient processes. We keep this data in a personnel file relating to each employee and we also hold the data within our computer systems, for example, our holiday booking system.
Specifically, we hold the following types of data:
You provide several pieces of data to us directly during the recruitment period and subsequently upon the start of your employment.
In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.
Personal data is kept in files or within the Company’s HR and IT systems.
The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement or in order to effectively manage the employment contract we have with you, including ensuring you are paid correctly.
The information below categorises the types of data processing we undertake and the lawful basis we rely on.
|Activity requiring your data||Lawful basis|
|Carry out the employment contract that we have entered into with you e.g. using your name, contact details, education history, information on any disciplinary, grievance procedures involving you||Performance of the contract|
|Ensuring you are paid||Performance of the contract|
|Ensuring tax and National Insurance is paid||Legal obligation|
|Carrying out checks in relation to your right to work in the UK||Legal obligation|
|Making reasonable adjustments for disabled employees||Legal obligation|
|Making recruitment decisions in relation to both initial and subsequent employment e.g. promotion||Our legitimate interests|
|Making decisions about salary and other benefits||Our legitimate interests|
|Ensuring efficient administration of contractual benefits to you||Our legitimate interests|
|Effectively monitoring both your conduct, including timekeeping and attendance, and your performance and to undertake procedures where necessary||Our legitimate interests|
|Maintaining comprehensive up to date personnel records about you to ensure, amongst other things, effective correspondence can be achieved and appropriate contact points in the event of an emergency are maintained||Our legitimate interests|
|Implementing grievance procedures||Our legitimate interests|
|Assessing training needs||Our legitimate interests|
|Implementing an effective sickness absence management system including monitoring the amount of leave and subsequent actions to be taken including the making of reasonable adjustments||Our legitimate interests|
|Gaining expert medical opinion when making decisions about your fitness for work||Our legitimate interests|
|Managing statutory leave and pay systems such as maternity leave and pay etc||Our legitimate interests|
|Business planning and restructuring exercises||Our legitimate interests|
|Dealing with legal claims made against us||Our legitimate interests|
|Preventing fraud||Our legitimate interests|
|Ensuring our administrative and IT systems are secure and robust against unauthorised access||Our legitimate interests|
Special categories of data are data relating to your:
We carry out processing activities using special category data:
Most commonly, we will process special categories of data when the following applies:
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract of employment with you. This could include being unable to offer you employment, or administer contractual benefits.
We will only collect criminal conviction data where it is appropriate given the nature of your role and where the law permits us. This data will usually be collected at the recruitment stage, however, may also be collected during your employment. We use criminal conviction data to determine your suitability, or your continued suitability for the role. We rely on the lawful basis of DBS and POVA list to process this data.
Employees within our company who have responsibility for recruitment, administration of payment and contractual benefits and the carrying out performance related procedures will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.
Data is shared with third parties for the following reasons: Accountant for Payroll and HMRC for tax purposes, Dr Denning and HR company Peninsula, (if we have disciplinary action on a member of staff), CQC, for References, Outside Trainers (for certificates).
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
We do not share your data with bodies outside of the European Economic Area.
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
We only keep your data for as long as we need it for, which will be at least for the duration of your employment with us though in some cases we will keep your data for a period after your employment has ended. Some data retention periods are set by the law. Retention periods can vary depending on why we need your data, as set out below:
|Record||Statutory Retention Period|
|Children/young adults||Until the child reaches 21|
|Retirement Benefits Schemes||6 years from the end of the scheme year|
|Statutory Maternity Pay (calculations, certificates, medical evidence)||3 years after the end on the tax year in which the period ends|
|Wage/salary (overtime, bonuses, expenses)||6 years|
|National Minimum Wage||3 years after the end of the consequent pay reference period|
|Working hours||2 years after they are made|
|Record||Recommended Retention Period|
|Application forms and interview notes||6 months to a year|
|Assessments under health and safety regulations and records of consultations with safety representatives and committees||Permanently|
|Money purchase details||6 years after transfer or value taken|
|Parental leave||Until child is 18 (birth/adoption)|
|Pension scheme investment policies||12 years from the ending of any benefit payable under the policy|
|Pensioners’ records||12 years after end of benefit|
|Personnel files, training records (disciplinary records, working time records)||6 years after end of employment|
|Redundancy details, calculations of payments, refunds, notification to the Secretary of State||6 years after date of redundancy|
|Statutory Sick Pay records, calculations, certificates, self-certificates||at least 3 months after the end of the period of sick leave, but 6 years after the employment ceases advisable|
|Time cards||2 years after audit|
|Trade Union agreements||10 years after end|
|Works Council minutes||Permanently|
Automated decision making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.
You have the following rights in relation to the personal data we hold on you:
More information can be found on each of these rights in our separate policy on employee rights under GDPR.
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.
If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.
Our appointed compliance officer in respect of our data protection activities is: