Processing

Privacy Policy

Kirklees College Privacy Statement

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

As defined by the General Data Protection Regulation (GDPR) Kirklees College, Waterfront Quarter, Manchester Road, Huddersfield is the Data Controller and ultimately responsible for ensuring the data you provide is kept secure, processed correctly and that you understand your legal rights in relation to the data you provide.

The recruitment software we use via this website is supplied by Net-Worx (2001) Ltd (trading as networx) and they are defined as a Data Processor under the GDPR. They will only process your data in accordance with our instructions.

networx can be contacted at: The Engine House, Wharfebank Business Centre, Ilkley Rd, Otley LS21 3JP.

The Data Protection Officer for networx is Rob Baker and can be contacted at dpo@networxrecruitment.com

What information does the College collect?


Kirklees College 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, training and employment history, including start and end dates, with previous employers and with the organisation;
• 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;
• information required to carry out DBS check;
• 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, performance improvement plans and related correspondence;
• information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments; and
• equal opportunities monitoring information including information about your ethnic origin, sexual orientation and religion or belief.

 

Kirklees College may collect this information in a variety of ways.  For example, data might be 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 (such as benefit nomination forms); from correspondence with you; or through interviews, meetings or other assessments.


The organisation seeks information from third parties with your consent only.


Data will be 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).

 

We will store your application data for 24 months after the vacancy has closed. After this period, it will be fully anonymised.

Our recruitment process requires that we contact the referees provided by you as part of our checks to ascertain suitability of employment. The content of the reference will not be shared without the referee's permission.

Why does the College process personal data?


Kirklees College 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 College 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. The college will also need to carry out a DBS check.


In other cases, the College 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:
• 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 employee 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 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;
• subscribe to using external, web-based booking systems for training / event management, e.g. Eventbrite or Bookwhen;
• subscribe to external, web-based education resources for training purposes, e.g. Education & Training Foundation;
• subscribe to external, web-based Disclosure and Barring Servicer checks, e.g.  Safeguarding website.
• transactions with third parties when required, relating to funding for training, e.g. the government apprenticeship service;
• ensure effective general HR and business administration;
• provide references on request for current or former employees; and
• respond to and defend against legal claims.


Some 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).
Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation or religion or belief, this is done for the purposes of equal opportunities monitoring.  Data the organisation 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 may 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.
The 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 (due diligence exercise).  In those circumstances the data will be subject to confidentiality arrangements.
The organisation 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 service.
Kirklees College will not transfer your data to countries outside the European Economic Area.


How does the College protect data?


Kirklees College 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. [Provide more detail of internal policies and controls, e.g. systems restrictions.]


Where the College 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.


For how long does the organisation keep data?


The College 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 College’s retention policy.

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 organisation to change incorrect or incomplete data;
• require the organisation to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
• object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing.
[If you would like to exercise any of these rights, please contact hrenquiry@kirkleescollege.ac.uk]
If you believe that the organisation 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 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.
Certain 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.

Automated decision-making


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


Subject Access Request


The General Data Protection Regulation (GDPR) allows individuals to access information from organisations that process their personal data.  The process for obtaining this information is known as a subject access request. In response to a subject access request, employers must provide the following information:


• whether or not the individual's personal data is being processed;
• the purposes of the processing and the categories of personal data concerned;
• the recipients to whom the data has been or will be disclosed, including recipients in countries outside the European Economic Area and the appropriate safeguards relating to such data transfers;
• for how long the data will be stored, or how that period is determined;
• the individual's rights in relation to the rectification or erasure of data, the restriction of processing and to object to processing;
• the individual's right to lodge a complaint with the supervisory authority;
• any third-party sources of the data, where this information is available; and
• information about the logic involved in any automated decision-making, if applicable.


The employer is also required to provide the individual with a copy of the personal data undergoing processing.  If the subject access request is made electronically, the information has to be provided in a commonly used electronic format, unless the individual agrees to receive it in some other way.
Under the GDPR, the time limit for responding to a subject access request is one month from the date of receipt.  However, if a request is complex, the employer can extend the time period for response by a further two months.  If the employer wants to extend the time period, it has to inform the individual of this within one month of receipt of the subject access request and explain the reasons for the delay in responding.


The Data Protection Bill contains exemptions to information that must be disclosed in response to a subject access request.  These include where data is subject to legal professional privilege, is processed for the purpose of management planning, relates to intentions in negotiations with an individual, or consists of a confidential reference that the employer has given.  Organisations may also redact or restrict disclosure where, for example, the information contains third-party personal data.