EMPLOYEE PRIVACY NOTICE
Data controller: Amara Care Limited, Artemis House, 25 High Street, Kirton in Lindsey, DN21 4LX
Data Protection Officer: Chloe Bailey – Human Resources Department: firstname.lastname@example.org
The organisation collects and processes personal data relating to its employees to manage the employment relationship. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information does the organisation collect?
The organisation collects and processes a range of information about you. This includes:
- your name, address and contact details, including email address and telephone number, date of birth and gender;
- the terms and conditions of your employment;
- details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and with the organisation;
- information about your remuneration, including entitlement to benefits such as pensions;
- details of your bank account and national insurance number;
- information about your marital status, next of kin, dependants and emergency contacts;
- information about your nationality and entitlement to work in the UK;
- information about your criminal record;
- details of your schedule (days of work and working hours) and attendance at work;
- details of periods of leave taken by you and the reasons for the leave, including holiday, sickness absence, family leave;
- details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
- assessments of your performance, including performance reviews, training you have participated in, performance improvement plans and related correspondence;
- information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments;
- details of trade union membership; and
- equal opportunities monitoring information.
The organisation collects this information in a variety of ways. For example, data is collected:
- through application forms or CVs;
- obtained from your passport or other identity documents such as your driving licence;
- from forms completed by you at the start of or during employment;
- from correspondence with you; and
- through interviews, meetings or other consultations.
The organisation collects personal data about you from third parties, such as references supplied by former employers and information from criminal records checks permitted by law (DBS applications).
Data is stored in a range of different places, including:
- in your HR personnel file, paper copy and electronic;
- in the organisation’s HR management systems;
- in the organisation’s IT systems (including the organisation’s email system); and
- in the organisation’s archive system.
Why does the organisation process personal data?
The organisation needs to process data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer benefit entitlements.
In some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee’s entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled. It is also a requirement to carry out criminal records checks to ensure that individuals are permitted to undertake the role in question.
In other cases, the organisation has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the organisation to:
- run recruitment and selection processes;
- maintain accurate and up-to-date employment records and contact details (including next of kin details), and records of employee contractual and statutory rights;
- operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
- operate and keep a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes;
- operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay or other benefits to which they are entitled;
- obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that employees are receiving the pay or other benefits to which they are entitled;
- operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the organisation complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which they are entitled;
- ensure effective general HR and business administration;
- provide references on request for current or former employees;
- respond to and defend against legal claims; and
- maintain and promote equality in the workplace
Where the organisation relies on legitimate interests as a reason for processing data, it has considered whether or not those interests are overridden by the rights and freedoms of employees or workers and has concluded that they are not.
Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities and for health and safety purposes). Information about trade union membership is processed to allow the organisation to operate check-off for union subscriptions.
Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring.
Who has access to data?
Your information will be shared internally, including with members of the HR and recruitment team (including payroll), your line manager, managers in the business area in which you work and IT staff if access to the data is necessary for performance of their roles.
The organisation shares your data with third parties in order to obtain pre-employment references from other employers and obtain necessary criminal records checks from the Disclosure and Barring Service. The organisation may also share your data with third parties in the context of a sale of some or all of its business. In those circumstances the data will be subject to confidentiality arrangements.
The organisation may also share your data with third parties that process data on its behalf in connection with the provision of benefits and the provision of occupational health services.
The organisation also shares data with the ‘National Minimum Data Set for Social Care’ (NMDS-SC) which is an online database for adult social care workforces, monitored by the Care Quality Commission (CQC). The data that is shared with the NMDS-SC includes employee’s personal details and completed training details.
The organisation will not transfer your data to countries outside the European Economic Area.
How does the organisation protect data?
The organisation takes the security of your data seriously. The organisation has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed by unauthorised people.
Security measures in place include locked cabinets, key safes, passwords on electronic files and access is only given to authorised people.
Where the organisation engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
For how long does the organisation keep data?
The organisation will hold your personal data for the duration of your employment and then for a further 7 years when your employment comes to an end.
Details of disciplinary action, warnings or convictions will be kept on your HR personnel folder for as long as they are live and then once they become spent they will be removed.
You have a number of rights which include:
- the right to be informed about the collection and use of your personal data;
- the right to access your personal data;
- the right to have inaccurate personal data rectified, or completed if it is incomplete;
- the right to have personal data erased if, for example, the data is no longer necessary or is being collected unlawfully;
- the right to request the restriction or suppression of their personal data;
- the right to data portability; and
- the right to object to the processing of your personal data in certain circumstances e.g. marketing purposes or if being processed for legitimate interests that do not override the rights and freedoms of employees.
If you would like to exercise any of these rights, or make a data access request, please contact the HR Department.
What if you do not provide personal data?
Certain information, such as contact details, your right to work in the UK and payment details, have to be provided to enable the organisation to enter a contract of employment with you.
You have some obligations under your employment contract to provide the organisation with data, for example, you are required to report absences from work. You may also have to provide the organisation with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.
Certain pre-employment information is required in order to start your employment with the organisation e.g. employment references, DBS checks. These are legal obligations that the organisation must adhere to and failure to provide this pre-employment information will lead to the offer of employment being revoked.
Review of the Employee Privacy Notice:
The Organisation regularly reviews and, where necessary, updates our privacy information.
Any queries regarding the collection or processing of your personal data?
If you have any queries regarding this Privacy Notice or if you do not understand the information within it, please contact our Data Protection Officer, Chloe Bailey on 01652 648335.
If you believe that the organisation has not complied with your data protection rights, you can complain to the Information Commissioner – 0303 123 1113.