Privacy Notice
--- "Employment Data Privacy Notice
\r\nThis notice explains what personal data we hold about you, how we collect it, and how we use and may share information about you during your employment and after it ends. We are required to notify you of this information under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal information about you.
\r\nData controller: Kindertons Limited whose registered office is Kindertons House, Marshfield Bank, Crewe, Cheshire, CW2 8UY incorporated and registered in England and Wales with Company number 03711080. This notice applies to all companies within the Kindertons Group, including Plantec, JP Morriss, Jigsaw Law and Sovereign.
\r\nData protection officer: Emma Willis, Data Protection and Legal Compliance Manager (emma.willis@kindertons.co.uk).
\r\nThe 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. We will comply with the data protection principles when gathering and using personal information, as set out in our Data Protection policy.
\r\nWhat information does the organisation collect?
\r\nThe organisation collects and processes a range of information about you. This includes:
\r\n your name, address and contact details, including email address and telephone number, date of birth and gender;
\r\n the terms and conditions of your employment;
\r\n details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and with the organisation;
\r\n information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
\r\n details of your bank account and national insurance number;
\r\n information about your marital status, next of kin, dependants and emergency contacts;
\r\n information about your nationality and entitlement to work in the UK;
\r\n information about your criminal record;
\r\n details of your schedule (days of work and working hours) and attendance at work;
\r\n details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
\r\n details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
\r\n assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in, performance improvement plans and related correspondence;
\r\n information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments;
\r\n details of trade union membership; and
\r\n equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
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How we collect the information
\r\nThe organisation collects this information in a variety of ways. For example, data is collected through application forms, CVs or resumes; 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; or through interviews, meetings or other assessments.
\r\nIn some cases, the organisation collects personal data about you from third parties, such as references supplied by former employers, information from employment background check providers, information from credit reference agencies and information from criminal records checks permitted by law.
\r\nData is stored in a range of different places, including in your personnel file, in the organisation's HR management systems and in other IT systems (including the organisation's email system).
\r\nWhy does the organisation process personal data?
\r\nThe 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 and pension entitlements.
\r\nIn 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. For certain positions, it is necessary to carry out criminal records checks to ensure that individuals are permitted to undertake the role in question.
\r\nIn 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:
\r\n run recruitment and promotion processes;
\r\n maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights;
\r\n operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
\r\n operate and keep a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes;
\r\n 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;
\r\n 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;
\r\n 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;
\r\n ensure effective general HR and business administration;
\r\n provide references on request for current or former employees;
\r\n respond to and defend against legal claims; and
\r\n maintain and promote equality in the workplace.
\r\nWhere 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.
\r\nSome 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).
\r\nWhere 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.
\r\nEmployment decisions are not based solely on automated decision-making.
\r\nWhat if you do not provide personal data?
\r\nYou have some obligations under your employment contract to provide the organisation with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. 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.
\r\nCertain 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. If you do not provide other information, this will hinder the organisation's ability to administer the rights and obligations arising as a result of the employment relationship efficiently.
\r\nWho has access to data?
\r\nYour 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.
\r\nThe organisation shares your data with third parties in order to obtain pre-employment references from other employers, obtain employment background checks from third-party providers 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.
\r\nThe organisation also shares your data with third parties that process data on its behalf e.g. in connection with payroll and the provision of benefits.
\r\nThe organisation will not transfer your data to countries outside the European Economic Area.
\r\nHow does the organisation protect data?
\r\nThe 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 except by its employees in the performance of their duties. We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
\r\nWhere 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.
\r\nFor how long does the organisation keep data?
\r\nThe organisation will hold your personal data for the duration of your employment. The periods for which your data is held after the end of employment are set out in the organisations Data Retention Policy.
\r\nYour rights
\r\nAs a data subject, you have a number of rights. You can:
\r\n access and obtain a copy of your data on request;
\r\n require the organisation to change incorrect or incomplete data;
\r\n require the organisation to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
\r\n object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing; and
\r\n ask the organisation to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the organisation's legitimate grounds for processing data.
\r\nPlease contact our Data Protection Officer (DPO) if you would like to correct or request access to information that we hold relating to you or if you have any questions about this notice. You also have the right to ask our DPO for some but not all of the information we hold and process to be erased in certain circumstances. Our DPO will provide you with further information about the righ to be forgotten if you ask for it.
\r\nWe hope that our DPO can resolve any query or concern you raise about our use of your information. If not, contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
\r\nThis Notice was last updated on 18th April 2018 and may be updated from time to time. Please check the HR Portal for the latest version.
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