1. GDPR PRIVACY NOTICE FOR EMPLOYEES, WORKERS AND CONTRACTORS
1.1. The Brothers of Charity Services in England (The “Service”) is committed to protecting the privacy and security of your personal information.
1.2. The purpose of this policy is to outline how we collect and use personal information about you during and after your working relationship with the Service in accordance with the General Data Protection Policy.
1.3. This policy applies to all employees, including workers and contractors.
1.4. The Service is a “data controller”. This means that the Service is responsible for deciding how we hold and use personal information about you. The Service is required under the data protection legislation to notify you of the information contained within this privacy notice policy.
1.5. This notice applies to current and former employees, workers and contractors. This policy does not form party of your contract of employment or any other contract to provide services. The Service reserves the right to update this notice at any time.
1.6. You should read this policy/notice, together with any other privacy notice which the Service may provide on specific occasions when we are collecting or processing personal information about you, so that you aware of how and why the Service are using such information.
1.7. What are the principles of Data Protection?
1.7.1. The Service will at all times comply with data protection law. The law states that any personal information that the Service holds about you must be:
1.7.1.1. Used lawfully, fairly and in a transparent way;
1.7.1.2. Collected only for valid purposes that the Service has clearly explained to you and not used in anyway that is incompatible with those purposes;
1.7.1.3. Relevant to the purposes that the Service has told you about and limited to those purposes only;
1.7.1.4. Accurate and kept up to date;
1.7.1.5. Kept only for as long as necessary for the purposes that the Service has told you about, further information on the Service’s policy on the retention of documentation can be found in the Service’s Data Protection Policy; and Access to files policy
1.7.1.6. Kept securely.
1.8. What type of information does the Service hold about me?
1.8.1. The Service will hold personal data, or personal information about you, which means any information which could identify you. This does not include data where your identity has been removed (anonymous data).
1.8.2. The Service will collect, store, and use the following categories of personal data about you, including but not limited to:
1.8.2.1. Personal details such as your name, title, addresses, telephone numbers and personal email addresses;
1.8.2.2. Data of birth;
1.8.2.3. Gender;
1.8.2.4. Marital status and dependants;
1.8.2.5. Next of kin and emergency contract information;
1.8.2.6. National insurance number;
1.8.2.7. Bank account details, payroll records and tax information;
1.8.2.8. Salary, annual leave, pension and benefits information;
1.8.2.9. Start date;
1.8.2.10. Location of employment or workplace;
1.8.2.11. Copy of your driving licence;
1.8.2.12. Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process.);
1.8.2.13. Employment records (including job title, work history, working hours, training records and professional memberships);
1.8.2.14. Compensation history;
1.8.2.15. Performance information;
1.8.2.16. Disciplinary and grievance information;
1.8.2.17. CCTV footage and other information obtained through electronic means such as security cameras or dashcams
1.8.2.18. Information about your use of the Service’s information and communication systems; and
1.8.2.19. Photographs.
1.8.3. There are also “special categories” of more sensitive personal data which require a higher level of protection.
1.8.4. “special categories” of more sensitive personal data means personal data which includes data revealing; race or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, generic data, biometric data, data concerning health, sex, sexual orientation or sex life.
1.8.5. The Service may also collect, store and use the following ‘special categories’ of more sensitive personal information,
including but not limited to:
1.8.5.1. Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
1.8.5.2. Trade union membership;
1.8.5.3. Information about your health, including any medical condition, health and sickness records;
1.8.5.4. Genetic information and biometric data; and
1.8.5.5. Information about criminal convictions and offences.
1.9. How will my personal information be collected?
1.9.1. The Service will typically collect personal information about employees, workers and contractors through the application and recruitment process, either direct from candidates, or sometimes from an employment agency or a background check provider.
1.9.2. The Service may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies including the Disclosure and Barring Service (DBS); Home office, HMRC
1.9.3. The Service will collect additional personal information in the course of job-related activities throughout the person of you working for the Service.
1.10. How will the Service use information about me?
1.10.1. The Service will only use your personal information when the law allows it to do so.
1.10.2. The Service will most commonly use your personal information in the following circumstances:
1.10.2.1. Where the Service needs to perform the contract which it has entered in to with you;
1.10.2.2. Where the Service needs to comply with a legal obligation and
1.10.2.3. Where it is necessary for the Service’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
1.10.3. The Service may also use your personal information in the following situations, which are likely to be rare:
1.10.3.1. Where the Service needs to protect your interests (or someone else’s interests); and/or
1.10.3.2. Where it is needed in the public interest or for official purposes.
1.11. In what situations will the Service use my personal information?
1.11.1. The Service needs all of the categories of information listed above at clause 1.8, primarily to allow the Service to perform its contract with you and to enable the Service to comply with its legal obligations.
1.11.2. The Service may in some cases use your personal information to pursue legitimate interests of its own or those of third parties, provided that your interests and fundamental rights do not override those interests.
1.11.3. The situations in which the Service will process your personal information are when the Service is:
1.11.3.1. Making a decision about your recruitment or appointment;
1.11.3.2. Determining the terms on which you work for the Service;
1.11.3.3. Checking that you are legally entitled to work in the UK;
1.11.3.4. Paying you, and if you are an employee, deducting tax and National Insurance contributions;
1.11.3.5. Providing the following benefits to you: staff healthcare plan; Car insurance if using a Service vehicle; childcare vouchers;
1.11.3.6. Liaising with your pension provider;
1.11.3.7. Administering the contract which the Service have entered in to with you;
1.11.3.8. Business management and planning, including accounting and auditing;
1.11.3.9. Ensuring compliance with Service policies and procedures;
1.11.3.10. Conducting performance reviews, managing performance and determining performance requirements;
1.11.3.11. Making decisions about salary reviews and compensation;
1.11.3.12. Assessing qualifications for a particular job or task, including decisions about promotions;
1.11.3.13. Gathering evidence for possible grievance and disciplinary hearings;
1.11.3.14. Making decisions about your continued employment or engagement;
1.11.3.15. Making arrangements for termination of your working relationship with the Service;
1.11.3.16. Education, training and development requirements;
1.11.3.17. Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work;
1.11.3.18. Ascertaining your fitness to work;
1.11.3.19. Managing sickness absence and/or health issues in the workplace;
1.11.3.20. Complying with health and safety obligations;
1.11.3.21. To prevent fraud;
1.11.3.22. To monitor your use of the Service’s information and communication systems to ensure compliance with the IT policies and/or deal with incoming business emails during periods of absence and/or ensure compliance with our standards/rules/policies and/or procedures including investigating any complaints (internal or external);
1.11.3.23. To ensure network and information security, including preventing unauthorised access to the Service’s computer and electronic communications systems and preventing malicious software distribution;
1.11.3.24. To conduct data analytics studies to review and better understand employee retention and attrition rates; and
1.11.3.25. Equal opportunities monitoring.
1.11.4. Some of the above grounds for processing will overlap and there may be several grounds which justifies the use of your personal information.
1.12. What happens if I fail to provide personal information?
1.12.1. If you fail to provide certain information when requested, the Service may not be able to perform the contract it entered in to with you (such as paying you or providing a benefit), or the Service may be prevented from complying with its legal obligations (such as ensuring the health and safety of workers).
1.13. Can the Service change the purpose for which it is using my personal data?
1.13.1. The Service will only use your personal information for the purposes for which it collected it, unless it reasonably considers it needs to use it for another reason, and that the reason is compatible with the original purpose.
1.13.2. If the Service needs to use your personal information for an unrelated purpose, the Service will notify you and explain the legal basis for this.
1.13.3. The Service may process your personal information with your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
1.14. How will the Service use particularly sensitive personal information?
1.14.1. ‘Special categories” of particularly sensitive personal information require higher levels of protection and the Service needs to have further justification for collecting, storing and use this information.
1.14.2. The Service may process special categories of personal information in the following circumstances:
1.14.2.1. In limited circumstances, with your explicit written consent;
1.14.2.2. Where the Service needs to carry out legal obligations and in line with its acceptable use IT policy etc;
1.14.2.3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupation pension scheme, CQC/contractual commissioning requirements and in line with the Service’s data protection policy; and
1.14.2.4. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
1.14.3. The Service may, process this type of information where it is needed in relation to legal claims, or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. The Service may also process such information about members or former members in the course of legitimate business activities with appropriate safeguards
1.15. What are the Service’s obligations?
1.15.1. The Service will use sensitive personal information in the following ways:
1.15.1.1. The Service will use information relating to leaves of absence, which may include sickness absence or family related leave, to manage your absences and comply with employment and other laws.
1.15.1.2. The Service will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
1.15.1.3. The Service will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
1.15.1.4. The Service will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations
1.15.1.5. Pensions, DBS, Local Government commissioning bodies, safeguarding, CQC, training providers, NMDS, external accreditation bodies relating to accreditations such as IiP, CSE and disability confident employer.
1.16. Does the Service require your consent?
1.16.1. The Service does not need your consent if the Service uses special categories of your personal information in accordance with it’s written policy to carry out the Service’s legal obligations, or to exercise specific rights in the field of employment law. In limited circumstances, the Service may approach you for your written consent to allow us to process certain sensitive data. If it does so, the Service will provide you with full details of the information that it would like and the reason we need it, so that you can carefully consider whether you wish to give your consent. You should be aware that it is not a condition of your contract with the Service that you agree to any request for consent.
1.17. How can the Service use information about criminal convictions?
1.17.1. The Service may only use information relating to criminal convictions where the law allows it to do so. This will usually be where such processing is necessary to carry out its obligations and provided it does so in line with safeguarding obligations.
1.17.2. The Service may less commonly use information relating to criminal convictions where it is necessary in relation to legal claims, where necessary to protect your interests (or someone else’s interests) and/or if you are not capable of giving your consent, or where you have already made the information public.
1.17.3. The Service may also process information about members or former members in the course of legitimate business activities with the appropriate safeguards.
1.17.4. The Service does envisage that it will hold information about criminal convictions.
1.17.5. The Service will only collect information about criminal convictions if it is appropriate given the nature of the role and where it is legally able to do so.
1.17.6. Where appropriate, The Service will collect information about criminal convictions as part of the recruitment process or it may be notified of such information directly by you in the course of you working for the Service.
1.17.7. The Service will use information about criminal convictions and offences in the following ways:
1.17.7.1. to assess suitability for post & to carry out DBS risk assessment in line with Service policy and relevant legislation. Also if requested by safeguarding/CQC or commissioners in their quality assurance checks
1.17.8. The Service is allowed to use your personal information in this way to carry out their obligations including the delivery of care and related services, meeting CQC & safeguarding requirements & regulatory compliance
1.17.9. What is automated decision-making and how will it apply?
1.17.10. Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. The Service is allowed to use automated decision-making in the following circumstances:
1.17.10.1. Where the Service has notified you of the decision and given you 21 days to request reconsideration;
1.17.10.2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights; and
1.17.10.3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
1.17.11. If the Service make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
1.17.12. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless the Service has a lawful basis for doing so and you have been notified.
1.17.13. The Service does not envisage that any decisions will be taken about you using automated means, however you will notified writing if this position changes.
1.18. What is data sharing and how will this affect me?
1.18.1. The Service may have to share your data with third parties, including third-party service providers and other entities in the Service’s group.
1.18.2. The Service may require third parties to respect the security of your data and to treat it in accordance with the law.
1.18.3. The Service may transfer your personal information outside the EU; if we do we would expect you to receive a similar degree of protection in respect of your personal information.
1.19. Why might you share my personal information with third parties?
1.19.1. The Service may share personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where it has another legitimate interest in doing so, for example, organising your membership of a pension scheme or transferring our business (or part of it) to a another business.
1.20. Which third-party service providers process my personal information?
1.20.1. “Third parties” includes third-party service providers (including contractors and designated agents) and other entities within the Service’s group
1.20.2. The following activities are carried out by third-party service providers payroll, pension administration, benefits provision and administration, IT services. The following third-party service providers process personal information about you for the following purposes: Care Quality Commission, safeguarding, local government commissioners, external accreditation bodies
1.21. How secure is my information with third-party service providers and other entities in our group?
1.21.1. All of the Service’s third-party service providers and other entities in the Group are required to take appropriate security measures to protect your personal information in line with Service policies. The Service does not allow its third-party service providers to use your personal data for their own purposes. The Service only permits them to process your personal data for specified purposes and in accordance with our instructions.
1.21.2. To ensure the Service’s third party service providers are complying with their obligations under data protection regulations and safeguarding your personal data, the Service may conduct audits on third party service providers from time to time as well as seeking contractual commitment for compliance with data protection obligations.
1.22. When might you share my personal information with other entities in the Group?
1.23. The Service will share your personal information with other entities in our Group as part of its regular reporting activities on Service performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data
1.24. What about other third parties?
1.24.1. The Service may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
1.25. Will my information be transferred outside of the EU?
1.25.1. The Service may transfer the personal information we collect about you to countries outside the EU in order to perform our contract with you. Where this may occur there is an adequacy decision by the European Commission in respect of any countries identified. This means that any country to which we transfer your data is deemed to provide an adequate level of protection for your personal information.
1.25.2. To ensure that your personal information does receive an adequate level of protection we have put in place appropriate measures to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the EU and UK laws on data protection. We will review Service level agreements with agencies that would process data. Further information may be provided on request.
1.26. What is data security and how does this affect me?
1.26.1. The Service has put in place measures to protect the security of your information.
1.26.2. Third parties will only be entitled to process your personal information on the Service’s instructions and where we have agreed to treat the information confidentially and to keep it secure.
1.26.3. The Service has put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. We will only process your personal information on our instructions and we are subject to a duty of confidentiality. Details of these measures may be obtained from SPOC’s listed on appendix 1 of the Service’s Data Protection Policy.
1.26.4. The Service has put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where it is legally required to do so.
1.27. How long will you use my information for?
1.27.1. The Service 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. Details of retention periods for different aspects of your personal information are available in Appendix 2 of the Service’s Data Protection Policy
1.27.2. To determine the appropriate retention period for personal data, the Service considers 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.
1.27.3. 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 Service we will retain and securely destroy your personal information in accordance with our data protection policy OR applicable laws and regulations.
1.28. Do I have a duty to inform the Service of changes
1.28.1. Yes, it is important that the personal information the Service holds about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
1.29. What rights do I have in connection to my personal information?
1.29.1. Under certain circumstances, by law you have the right to:
1.29.1.1. 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.
1.29.1.2. 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.
1.29.1.3. 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)
1.29.1.4. 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 this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
1.29.1.5. 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.
1.29.1.6. Request the transfer of your personal information to another party.
1.29.2. 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 the Service transfers a copy of your personal information to another party, please contact the HR Team in writing.
1.30. Are fees usually required?
1.30.1. Not usually, you will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, the Service 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.
1.31. Will the Service require anything from me?
1.31.1. The Service may need to request specific information from you to help it 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.
1.32. Am I able to withdraw my consent?
1.32.1. 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 HR Team. 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.
1.32.2. What is a Data Protection Officer and what do they do?
1.32.3. We have appointed a data privacy manager 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 data protaction manager. 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.
1.33. Can this policy be amended?
1.33.1. Yes, the Service reserves the right to update this privacy notice at any time, and it will provide you with a new privacy notice when it makes any substantial updates. The Service may also notify you in other ways from time to time about the processing of your personal information
1.33.2. If you have any questions about this privacy notice, please contact the HR Team
Last updated March 2020
