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Stockdales

Privacy Notice

INTRODUCTION

In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you, our employees, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data and your rights regarding your data.

This notice applies to current and former employees, workers, and volunteers.

DATA PROTECTION PRINCIPLES

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

• processing is fair, lawful, and transparent.
• data is collected for specific, explicit, and legitimate purposes.
• data collected is adequate, relevant, and limited to what is necessary for the purposes of processing.
• data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay.
• data is not kept for longer than is necessary for its given purpose.
• data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction, or damage by using appropriate technical or organisation measures.

TYPES OF DATA HELD

We keep several categories of personal data on our employees to carry out effective and efficient processes. We keep this data in an electronic personnel file relating to each employee and hold the data within our Stockdales’ computer server and on secure third-party platforms such as our HR system and salary-paying platform, private healthcare platform.

Specifically, we hold the following types of data, as appropriate to your status:

• personal details such as name, address, and phone numbers.
• name and contact details of your next of kin.
• your photograph.
• your gender, marital status, information of any disability you have or other medical information.
• Right-to-work documentation.
• information on your race and religion for equality monitoring purposes.
• information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter.
• references from former employers.
• details on your education and employment history etc.
• National Insurance numbers.
• bank account details.
• tax codes.
• driving licence.
• private driving insurance documentation should you drive your own vehicle for work purposes.
• criminal convictions.

information relating to your employment with us, including:

• job title and job descriptions.
• your salary
• your wider terms and conditions of employment
• details of formal and informal proceedings involving you such as letters of concern, disciplinary and grievance proceedings, your annual leave records, appraisal, and performance information
• internal and external training modules undertaken.
• information on time off from work including sickness absence, family-related leave etc.
• IT equipment use including telephones and internet access.

COLLECTING YOUR DATA

You provide us with several pieces of data directly during the recruitment period and subsequently upon starting your employment.

In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.

Your personal data is kept within the Company’s HR and IT systems.

1. LAWFUL BASIS FOR PROCESSING

The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement or in order to effectively manage the employment contract we have with you, including ensuring you are paid correctly.

The information below categorises the types of data processing, appropriate to your status, we undertake and the lawful basis we rely on.

SPECIAL CATEGORIES OF DATA

Special categories of data are data relating to your:

• health
• sex life
• sexual orientation
• race
• ethnic origin
• political opinion
• religion
• genetic and biometric data.

We carry out processing activities using special category data:

• for the purposes of equal opportunities monitoring
• in our sickness absence management procedures
• to determine reasonable adjustments
• for the interest of your protection – safeguarding concerns **

Most commonly, we will process special categories of data when the following applies:

• you have given explicit consent to the processing
• we must process the data in order to carry out our legal obligations
• we must process data for reasons of substantial public interest
• you have already made the data public.

FAILURE TO PROVIDE DATA

Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering a contract of employment with you. This could include being unable to offer you employment or administer contractual benefits.

CRIMINAL CONVICTION DATA

We will only collect criminal conviction data where appropriate, given the nature of your role, and where the law permits us. This data will usually be collected at the recruitment stage; however, it may also be collected during your employment. We use criminal conviction data to determine your suitability or continued suitability for the role. We currently use a Disclosure and Barring Service (DBS).

WHO WE SHARE YOUR DATA WITH

Team members within our company who are responsible for recruitment, recruitment of volunteers, expense administration, payment and contractual benefits administration, and the execution of performance-related procedures will have access to your data relevant to their function. All team members with such responsibility have been trained to ensure data is processed in accordance with GDPR. 

Data is shared with third parties for the following reasons:

• for the administration of payroll
• HMRC
• to apply / and or renew DBS certification (disclosure and barring service)
• enrolment onto the company pension *
• enrolment in our health benefits package *
• offer enrolment on Wagestream *
• enrolment onto the death in service policy *
• adult social care workforce data set (ASWDS funding for training)
• the police or other law enforcement agencies if we must by law or court order.
• as requested, by the Care Quality Commission CQC (legal obligation) **
• at audit if specifically requested by the auditors (legal obligation)
• health and care systems such as local hospitals, GP, and pharmacies **
• local authorities **
• a legal representative with written permission **

*Terms and conditions apply  

**Service user

We may also share your data with third parties as part of company insurance for the charity or for other reasons to comply with a legal obligation. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.

PROTECTING YOUR DATA

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction, and abuse, and we have implemented processes to guard against such.

RETENTION PERIODS

We only keep your data for as long as we need it, which will be at least for the duration of your employment with us. In some cases, we will keep your data for a period after your employment has ended. Some data retention periods are set by the law. Our retention periods are 7 years after termination for employees to account for the 6-year limitation period in a civil court.

EMPLOYEE / VOLUNTEER RIGHTS

You have the following rights in relation to the personal data we hold on you:

• the right to be informed about the data we hold on you and what we do with it;
• the right of access to the data we hold on you. More information on this can be found in our separate policy on Subject Access Requests;
• the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
• the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
• the right to restrict the processing of the data;
• the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
• the right to object to the inclusion of any information;
• the right to regulate any automated decision-making and profiling of personal data.

More information can be found on each of these rights in our separate policy on employee rights under GDPR.

CONSENT

Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.

MAKING A COMPLAINT

If you think your data rights have been breached, you can complain to the Information Commissioner (ICO). You can contact the ICO at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone at 0303 123 1113 (local rate) or 01625 545 745.

DATA PROTECTION COMPLIANCE

Our Data Protection Officer is:

Justine Maxted

Office Manager & Company Administrator

0161 973 2296 option. 1 

May 2024