Human Resources and Employee privacy notice

The following information provides details on how we may collect use and where appropriate share personal information in accordance with the General Data Protection Regulations (GDPR). It should be read in conjunction with the Council’s privacy notice document.
 

Why we collect personal data

The Council needs to process data to enter into an employment contract or a contract for services with you and to meet its obligations under that contract. For example, it needs to process your data to provide you with an employment contract or a contract for services, to pay you in accordance with your contract and to administer any relevant benefits or pension entitlements.

In some cases, the Council 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.

In other cases, the Council has a legitimate interest in processing personal data before, during and after the end of the employment relationship.

What personal data we collect

The personal data we collect will include:

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
  • Date of birth.
  • Gender.
  • Marital status and dependents.
  • Next of kin and emergency contact information.
  • National Insurance number.
  • Bank account details, payroll records and tax status information.
  • Salary, annual leave, pension and benefits information.
  • Start date and, if different, the date of your continuous employment.
  • Leaving date and your reason for leaving.
  • Location of employment or workplace.
  • Details of clocking in at sites controlled by the swipe card door entry system or VPN system (door and car park entry security controls).
  • Copy of driving licence and car insurance.
  • Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
  • Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).
  • Compensation history.
  • Performance information.
  • Disciplinary and grievance information.
  • Information about your use of our information and communications systems.
  • Photographs.
  • Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.

We may also collect, store and use the following more sensitive types of personal information:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions for equality and diversity monitoring purposes.
  • Trade union membership.
  • Information about your health, including any medical condition, health and sickness records, including:
  • where you leave employment and the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision;
  • details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
  • where you leave employment and the reason for leaving is related to your health, information about that condition needed for pension purposes.
  • Information about criminal convictions and offences.
  • CCTV images will be used to monitor the safety and wellbeing of staff in some locations, eg, Customer First offices.

We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies such as Disclosure Barring Scotland.

We will collect additional personal information in the course of job-related activities throughout the period of you working for us.

We may monitor and record electronic communications (website, email and phone conversations) for a number of reasons such as:

  • staff training
  • records of conversations
  • the detection, investigation and prevention of crime

We will inform you if your call is being recorded or monitored. 

Emails that we send to you or you send to us, may be retained as a record of contact and your email address stored for future use in accordance with our retention periods. If we need to email sensitive or confidential information to you, we may perform checks to verify the correct email address and may take additional security measures.

See our Data Protection Policy for details on how we define personal and non-personal data.

How we use your personal data

We'll only use your personal data in accordance with data protection legislation, and for the purposes stated in this privacy notice.

We'll:

  • only ask for what is necessary for the performance of our contract with you and to enable us to comply with Legal Obligations.

The situations in which we will process your personal information include:

  • Making a decision about your recruitment or appointment.
  • Determining the terms on which you work for us.
  • Checking you are legally entitled to work in the UK.
  • Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).
  • Providing the following benefits to you:
  • Annual leave entitlement
  • Pension scheme
  • Maternity and Paternity leave and pay
  • Cycle to work scheme
  • Administering the contract we have entered into with you.
  • Business management and planning, including accounting and auditing.
  • Conducting performance reviews, managing performance and determining performance requirements.
  • Making decisions about salary reviews and compensation.
  • Assessing qualifications for a particular job or task, including decisions about promotions.
  • Gathering evidence for possible grievance or disciplinary hearings.
  • Making decisions about your continued employment or engagement.
  • Making arrangements for the termination of our working relationship.
  • Education, training and development requirements.
  • Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.
  • Ascertaining your fitness to work.
  • Managing sickness absence.
  • Complying with health and safety obligations.
  • To prevent fraud.
  • To monitor your use of our information and communication systems to ensure compliance with our IT policies.
  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
  • Equal opportunities monitoring.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

We will:

  • protect it and make sure nobody has access to it who shouldn’t
  • ensure you know if you have a choice about giving us personal data
  • only share your personal data with other Scarborough Borough Council departments or with external partners, agencies and contractors involved in delivering services on our behalf
  • make sure we don’t keep it for longer than is necessary
  • delete or destroy it securely when we no longer have a need to keep it

We ask that you:

  • give us accurate information
  • tell us as soon as possible of any changes
  • tell us as soon as possible if you notice mistakes in the information we hold about you

From time to time, we may conduct or ask you to take part in a survey to get your feedback, comments and opinions to help us improve our services.

Who we share your personal data with

Any information we use in presentations or reports will be anonymised and will not identify any individuals. For example a report on recruitment and retention of staff will not feature any of your personal data.

We do not disclose or share sensitive or confidential information without your explicit consent except where disclosure is required by law, or where we have good reason to believe that failing to do so, would put you or someone else at risk.

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:

  • law enforcement
  • fraud investigations
  • regulation and licensing
  • criminal prosecutions
  • court proceedings

We must protect public funds and may use personal data and data-matching techniques to detect and prevent fraud, collect taxes and ensure public money is targeted and spent in the most appropriate and cost-effective way. To do this, your personal data may be shared with other bodies responsible for auditing or administering public funds, including the Department for Work and Pensions, HM Revenue and Customs, the Police and other local authorities.

Our legal basis for collecting and sharing personal data

The legal basis the council relies on will be determined by the specific process. However it is likely that the council will process this personal data under the legal basis of:

  • Article 6(1)(a) – consent
  • Article 6(1)(b) - Contract
  • Article 6(1)(c) - Legal Obligation
  • Article 6(1) (f) – Legitimate Interest

 
Some of the personal data processed by the council will be information defined as Special Category Data. In order to lawfully process this type of information, the council will rely on the following Article 9 conditions:

  • Article 9(2)(b) - Employment, social security and social protection

How long we keep your personal data

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.  We will keep your personal data for the period of time as set out in our HR Document Retention Schedule.  We will delete or destroy your personal data securely.

At the end of the retention period, we may pass any relevant information to the Archives where it is required or appropriate to do so.

Further processing of personal data

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we'll provide you with a new notice.

The new notice will:

  • explain this new use before we start the processing
  • set out the relevant purposes and processing conditions

Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.

See our Data Protection Policy for details about the further processing of personal data.

Personal data from online payments

See our Data Protection Policy for details on how we process your personal data in connection with online payments.

Your rights relating to your personal data

When we collect your personal data we'll tell you how we are going to use it. Where we process your personal data, you have a number of rights under data protection law.

Find information about your rights on our GDPR page.

Further information

If you have any questions, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us at dataprotection@scarborough.gov.uk or on 01723 232323 or write to:

Data Protection Officer
Scarborough Borough Council
Town Hall
St Nicholas Street
Scarborough
North Yorkshire
YO11 2HG