Employee Privacy Notice

Data controller: Fordbridge Medical Centre
Data protection officer: The DPO Service is provided by AJ Spinks

The Practice collects and processes personal data relating to its employees to manage the employment relationship. The Practice is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information does the Practice collect?

The Practice 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 Practice ;
information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
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, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the 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 appraisals, performance reviews and ratings, 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 Practice needs to make reasonable adjustments;
details of trade union membership; and
equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or philosophical belief.

The Practice 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.

In some cases, the Practice 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.

Data is stored in a range of different places, including in your personnel file, in the Practice’s HR management systems and in other IT systems (including the Practice’s email system).

Why does the Practice process personal data?

The Practice 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, pension and insurance entitlements.

In some cases, the Practice 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.

In other cases, the Practice has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the Practice to do a number of things, for example:

run recruitment and promotion processes;
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 employees’ 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 Practice 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 Practice 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, are 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 Practice to operate check-off for union subscriptions.

Where the Practice processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or philosophical belief, this is done for the purposes of equal opportunities monitoring.

Data that the Practice uses for these purposes is anonymised or is collected with the express consent of employees, which can be withdrawn at any time. Employees are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.

Who has access to data?

Your information will be shared internally, including with 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 Practice 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 Practice may also share your data with third parties in the context of a transfer of some or all of its business. In those circumstances the data will be subject to confidentiality arrangements.

The Practice also shares your data with third parties that process data on its behalf, in connection with payroll, the provision of benefits and the provision of occupational health services. The Practice may transfer personal data to its insurers, bankers, legal, medical and other professional advisors, administrators of its pension scheme, or employees’ own pension providers, and other companies or organisations to which the employer has contracted work relating to any of the above purposes for which the personal data are to be used. Data may also be disclosed to others at an employee’s own request.

The Practice will not transfer your data to countries outside the European Economic Area.

How does the Practice protect data?

The Practice takes the security of your data seriously. The Practice 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. Paper records are stored in the filing cabinet in the Practice Manager’s office, locked when the Practice Manager is absent.

Electronic records are only accessible by the Practice Manager – password protected.

Where the Practice 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 measures to ensure the security of data.

For how long does the Practice keep data?

The Practice will hold your personal data for the duration of your employment. The periods for which your data is normally held during and after the end of employment are.

Personal information to include contact details (such as name, address, date of birth, gender, telephone numbers, email address and next of kin/emergency contact).Existing employees – duration of employment

Unsuccessful applicants – one year

Former employees – six years (but not next of kin/emergency contact details, which are retained for one year).

Application form, CVs, interview notes, test results, evidence of skills and qualificationsExisting employees – duration of employment

Unsuccessful applicants – one year

Former employees – six years

References receivedExisting employees – duration of employment
Unsuccessful applicants – one yearDriving licence, insurance documentsExisting employees – Duration of employment. Former employee – six years.Recruitment records containing special categories of personal data (including details of any disabilities disclosed and reasonable adjustments) and criminal records data (including results of criminal records checks)Existing employees – duration of employment (criminal records for six months)

Unsuccessful applicants – one year

Former employees – six years

Right to work documentsExisting employees – duration of employment
Former employees – six years post employmentOffer letters, contracts of employment, written statements of terms and related correspondenceExisting employees – duration of employment

Former employees – six years

Payroll and tax information (including pay and benefit entitlements, bank details and national insurance number)Existing employees – duration of employment

Former employees – six years

Sickness records containing special categories of personal data (including details of absence or leave taken, the reasons for absences, the type of leave, information about medical or health conditions, reasonable adjustments, records of absence management discussions, correspondence with employees and written warnings)Existing employees – duration of employment

Former employees – six years

Annual leave recordsExisting employees – duration of employment

Former employees – six years

Records relating to Working Time LimitsTwo years from date record was madeDetails relating to absence during pregnancy and SMPSix years after the end of the tax year in which the employee’s maternity pay period ended.Details of statutory paternity pay, statutory parental pay and statutory adoption paySix years after the end of the tax year in which payments were madeDetails relating to National Minimum WageThree years from day pay reference period ends.Annual appraisal/assessment recordsDuration of employmentRecords relating to promotion, transfer, training, and disciplinary and grievance matters (including records of investigations, notes of disciplinary or grievance meetings and appeal hearings, correspondence with employees and written warnings).Existing employees – duration of employment

Former employees – six year from end of employment

References given/information to enable reference to be provided (if detailed references are provided)Six years from reference/end of employmentSummary of record of service, e.g., name, position held, dates of employmentTen years from end of employmentRecords relating to accident or injury at workMinimum of three years from the date on which the record was madeInjuries, fatalities, diseases and dangerous occurrencesMinimum of three years from the date on which the record was madeRisk assessmentsMinimum of three years from the date on which the record was madeExposure to specified hazardous substances40 years from the date of the lasts entry made.

Your rights

As a data subject, you have a number of rights. You can:

access and obtain a copy of your data on request;
require the Practice to change incorrect or incomplete data;
require the Practice to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
object to the processing of your data where the Practice is relying on its legitimate interests as the legal ground for processing; and
ask the Practice to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the Employer’s/Practice’s legitimate grounds for processing data.

If you would like to exercise any of these rights, please contact Practice Manager, Catherine Makepeace. You can also make a subject access request. This should be in writing.

If you believe the Practice has not complied with your data protection rights, you can complain to the Information Commissioner.

What if you do not provide personal data?

You have some obligations under your employment contract to provide the Practice 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 Practice 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 information, such as contact details, your right to work in the UK and payment details, have to be provided to enable the Practice to enter into a contract of employment with you. If you do not provide other information, this will hinder the Employer’s/Practice’s ability to administer the rights and obligations arising as a result of the employment relationship efficiently.

Automated decision-making

Employment decisions are not based solely on automated decision-making.