Who do we hold personal information about ?
- Employees and former employees
- Agency workers and locums
- Job applicants
What types of personal information do we hold ?
We will collect and use the following types of personal information:
- recruitment information such as your application form and CV, references, qualifications and membership of any professional bodies and details of any pre-employment assessments;
- your contact details and date of birth;
- the contact details for your emergency contacts;
- your gender;
- your marital status;
- information about your contract of employment (or services) including start and end dates of employment, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement;
- your bank details and information in relation to your tax status including your national insurance number;
- your identification documents including passport and driving licence and information in relation to your immigration status and right to work for us;
- information relating to disciplinary or grievance investigations and proceedings involving you (whether or not you were the main subject of those proceedings);
- information relating to your performance and behaviour at work;
- training records;
- electronic information in relation to your use of IT systems/swipe cards/telephone systems;
- your images (whether captured on CCTV, by photograph or video); and
- any other category of personal information which we may notify you of from time to time.
We may also hold the following special categories of personal information:
- racial or ethnic origin;
- religious beliefs;
- trade union membership;
- Health and medical conditions;
- sexual orientation; and
- any criminal convictions and offences.
We may hold and use any of these special categories of your personal information in accordance with the law.
All of the above will usually be information you and / or your agents have supplied to us, although when we carry out investigations we may collect information about you from other people, including the Police.
What do we use personal information for ?
- to decide whether to interview, employ (or engage) you;
- to decide how much to pay you, and the other terms of your contract with us;
- to check you have the legal right to work for us;
- to carry out the contract between us including where relevant, its termination;
- training you and reviewing your performance;
- to decide whether to promote you;
- to decide whether and how to manage your performance, absence or conduct;
- to carry out a disciplinary or grievance investigation or procedure in relation to you or someone else;
- to determine whether we need to make reasonable adjustments to your workplace or role because of your disability;
- to monitor diversity and equal opportunities;
- to monitor and protect the security (including network security) of the Council, of you, our other staff, customers and others;
- to monitor and protect the health and safety of you, our other staff, customers and third parties;
- to pay you and provide pension and other benefits in accordance with the contract between us;
- to pay tax and national insurance;
- to provide a reference upon request from another employer;
- to pay trade union subscriptions;
- to monitor compliance by you, us and others with our policies and our contractual obligations;
- to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us;
- to answer questions from insurers in respect of any insurance policies which relate to you;
- running the Council and planning for the future;
- the prevention and detection of fraud or other criminal offences;
- to defend the Council in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure; an
What is the legal basis for the use of personal information ?
We will process your personal information (including special categories of personal information) in accordance with our obligations under the Data Protection Act 2018. In particular, we will use your personal information:
- With your consent; and / or
- Where this is necessary to perform a task in the public interest or in the exercise of official authority vested in the Council; and / or
- To protect your vital interests or those of another person and / or
- To perform the contract of employment (or services) between us; and / or
- To perform our obligations under employment law and social security law
With special category personal data, we will use the information:
- where it is necessary for carrying out rights and obligations under employment law;
- where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
- where you have made the data public;
- where processing is necessary for the establishment, exercise or defence of legal claims; and
- where processing is necessary for the purposes of occupational medicine or for the assessment of your working capacity.
In particular, we will use information in relation to:
- your race, ethnic origin, religion, sexual orientation or gender to monitor equal opportunities;
- your sickness absence, health and medical conditions to monitor your absence, assess your fitness for work, to pay you benefits, to comply with our legal obligations under employment law including to make reasonable adjustments and to look after your health and safety; and
- your trade union membership to pay any subscriptions and to comply with our legal obligations in respect of trade union members.
If you choose not to provide us with certain personal information you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank account details we may not be able to pay you. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC or to make reasonable adjustments in relation to any disability you may suffer from.
Who might we share your personal information with ?
Sometimes we will share your personal information with other agencies in order to perform a task in the public interest or in the exercise of official authority vested in us.
For example, we may share your personal information:
- Other departments within the Council in order to provide our services e.g Internal Audit for the purpose of carrying out investigations
- For the purpose of the National Fraud Initiative conducted by Central Government
- Potential new employers when you ask us to provide you with a reference
- The Council’s insurers
- AVC Wise
- The pension fund (administered by LCC)
- HM Revenue & Customs
- The Police