Data Protection

2.1 Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:

• be processed fairly, lawfully and transparently;
• be collected and processed only for specified, explicit and legitimate purposes;
• be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
• be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
• not be kept for longer than is necessary for the purposes for which it is processed; and
• be processed securely.

2.2 We are accountable for these principles and must be able to show that we are compliant.

3.1 ‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.

3.2 This policy applies to all personal data whether it is stored electronically, on paper or on other materials.

3.3 This personal data might be provided to us by you, or someone else (such as a former employer, your doctor, or a credit reference agency), or it could be created by us. It could be provided or created during the recruitment process or during the course of the contract of employment (or services) or after its termination. It could be created by your manager or other colleagues.

3.4 We will collect and use the following types of personal data about you:

• recruitment information such as your application form and CV, references, qualifications and membership of any professional bodies and details of any preemployment assessments;
• your contact details and date of birth;
• the contact details for your emergency contacts;
• your gender;
• your marital status and family details;
• 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 data which we may notify you of from time to time.

4.1 ‘Special categories of personal data’ are types of personal data consisting of information as to:

• your racial or ethnic origin;
• your political opinions;
• your religious or philosophical beliefs;
• your trade union membership;
• your genetic or biometric data;
• your health;
• your sex life and sexual orientation;
• any criminal convictions and offences.

4.2 We may hold and use any of these special categories of your personal data in accordance with the law.

5.1 ‘Processing’ means any operation which is performed on personal data such as:

• collection, recording, organisation, structuring or storage;
• adaption or alteration;
• retrieval, consultation or use;
• disclosure by transmission, dissemination or otherwise making available;
• alignment or combination; and
• restriction, destruction or erasure.

5.2 This includes processing personal data which forms part of a filing system and any automated processing.

• The Company will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.
• We will use your personal data for:
  • performing the contract of employment (or services) between us;
  • complying with any legal obligation; or
  • if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights in section 12 below.

7.2 For example (and see section 7.6 below for the meaning of the asterisks):

• to decide whether to 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 Company, 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*;
• paying tax and national insurance;
• to provide a reference upon request from another employer;
• to pay trade union subscriptions*;
• monitoring 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 our business and planning for the future;
• the prevention and detection of fraud or other criminal offences;
• to defend the Company in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure*; and
• for any other reason which we may notify you of from time to time.

• 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.

• Gathering evidence for disciplinary hearings;
• Making decision about your continued employment or engagement;
• Making decisions about promotion opportunities;
• Assessing whether or not your current job role remains appropriate; and  to ensure we are complying with our legal obligations.

• 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

7.9 We do not take automated decisions about you using your personal data or use profiling in relation to you.

8.1 Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you, where it is required by law, or for our legitimate interests.

8.2 We require those companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions. Weensure your personal data is kept confidential and secure by having in place contracts requiring confidentiality to be preserved.

8.3 The following activities are carried out by third party providers: payroll, pension administration, benefits provisions and administration and IT services.

10.1 We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours.

10.2 If you are aware of a data breach you must contact the Data Protection Manager immediately and keep any evidence you have in relation to the breach.

11.2 If you would like to make a SAR in relation to your own personal data you should make this in writing to the Data Protection Manager. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.

11.3 There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.

12.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy. The following rights are provided to you:

• the right to be informed;
• the right of access;
• the right to rectification;
• the right to erasure;
• the right to restrict processing;
• the right to data portability;
• the right to objection
• rights in relation to automated decision making and profiling.