Brunelcare Employee Data – Privacy Notice
This privacy notice is relevant to job applicants and current and former employees of Brunelcare. If you have any queries about this notice or on how Brunelcare handles your personal data you are kindly requested to contact the Brunelcare Data Protection Officer.
Brunelcare reserves its right to amend or replace this statement at any time. Prior notification about such a change would normally only be given if the rights of the individuals concerned could reasonably be expected to be negatively impacted.
Lawful basis for processing:
The lawful basis we rely on for processing your personal data is article 6(1)(b) of the GDPR, which relates to processing necessary to perform a contract or to take steps at your request, before entering a contract. The lawful basis we rely on to process any information you provide as part of your application which is special category data, such as health, religious or ethnic information is article 9(2)(b) of the GDPR, which also relates to our obligations in employment and the safeguarding of your fundamental rights and article 9(2)(h) for assessing your work capacity as an employee. And Schedule 1 part 1(1) and (2)(a) and (b) of the DPA2018 which relates to processing for employment, the assessment of your working capacity and preventative or occupational medicine.
What information do we ask for, and why?
We do not collect more information than we need to fulfil our stated purposes and will not keep it longer than necessary. The information we ask for is used to assess your suitability for employment. You don’t have to provide what we ask for but it may affect your application if you don’t.
You have the following rights in relation to your personal data:
- The right to be informed
You have every right to know exactly why we process your personal information, whom we may share it with and how long we keep it. In fact, this privacy notice will answer most of such questions. Please contact us if you require more information.
- The right of access
You have the right to submit a Subject Access Request (SAR) in order to get a copy of the information we hold about you.
- The right to withdraw your consent, the right of erasure and the right to object
It’s your data and we respect that! If you withdraw your consent, ask us to erase your data or otherwise tell us to stop processing your data we will do so, unless there are overriding legal or regulatory obligation that would make this impossible.
- The right to rectification
Please tell us if information we hold about you is inaccurate or out of date.
- The right of data portability
The information you provide us with in your candidate profile can be downloaded in XML format, which is structured, commonly-used and machine readable. The right of data portability will normally not apply to other employee data.
- The right to lodge a complaint
If you don’t agree with the way we process your personal data you will hopefully contact us first, we would do our best to deal with your concern. However, you have the right to complain to the Information Commissioner’s Office (ICO). The UK’s independent authority set up to uphold information rights.
Please contact our Data Protection Officer, Tom Rottinghuis at firstname.lastname@example.org if you have any questions or concerns about the way we process your personal data.
Recruitment at Brunelcare:
What will Brunelcare do with the information provided during the recruitment process?
All of the information provided during the recruitment process will only be used for the purpose of processing your application with a view to offering you an employment contract with us, for statistical analysis, or to fulfil legal or regulatory requirements if necessary. The information provided will be held securely by Brunelcare and/or our data processors working on our behalf. Your data may be held on servers in other jurisdictions, but only if sufficient safeguards are in place to protect your rights. Brunelcare will not share any of the information you provide with any third parties for marketing purposes.
The information provided will be used to shortlist the application against the criteria for the role applied for as shown in the person specification/job description.
What data does Brunelcare hold on job applicants?
Brunelcare only asks for information needed to fulfil the stated purposes and it will only be retained for as long as is necessary.
Brunelcare requires personal details including name and contact details and does ask for information about previous work experience, education, referees and for a summary of skills and experience relevant to the role applied for. Brunelcare HR team will have access to all of this information. Brunelcare managers involved in recruitment will be given access to only the data they require to make a fair and impartial selection of candidates for interview. The on-line recruitment module securely stores all application forms which can be revisited using an individual password. Applicants are automatically asked to opt-in after 12 months to keep their application forms in the system. If the applicant does not use this opt-in the data will be deleted after 13 months from the system.
Equal opportunities monitoring:
All applicants are asked to complete equal opportunities monitoring information. This is not mandatory – if it is not provided, the application will not be affected. This information will only be made available within Brunelcare to those with a legitimate requirement. Any information which is provided, will be used only to produce and monitor equal opportunities statistics.
Brunelcare recruiting managers will shortlist applications using criteria set against the person specification and job description. Recruitment processes are not normally based on automated decision-making, but if you lack a key requirement, e.g. the right to work, your application may not be considered.
Once shortlisting is complete, those selected will be invited to an interview and may be asked to participate in preparing a presentation or complete a task such as a written or electronic test. Interviewers will take notes and all notes taken at the interview will be held on the recruitment system in order to ensure this information is stored securely before being destroyed after the agreed timescale.
Brunelcare is recognised by the Department of Work and Pensions as a Disability Confident Employer. In accordance with the charity’s equal opportunities/diversity policy, attempts throughout the recruitment process to accommodate the particular needs of any person who declares a disability as defined by the Equality Act 2010. Shortlisted applicants are asked to inform the recruiting manager of any particular needs or reasonable adjustments.
Offer of Employment:
When a conditional offer of employment is made and accepted, Brunelcare provides emails/forms to assist in the gathering of further information required. Brunelcare is required to confirm the identity of employees, confirm their right to work in the United Kingdom and, where necessary, ensure a clearance through a Disclosure check.
Other pre- employment checks may be necessary depending on the specific nature of the role (e.g. qualifications, pin numbers, driving licence or fraud checks). Where these are necessary, the charity will provide individuals with a clear statement of the reasons for requesting the data.
Proof of identity and right to work in the UK will need to be provided by producing original documentation, i.e. passport, a copy of which will be taken by the line manager and securely stored. All job offers are subject to the receipt of satisfactory references and relevant DBS checks.
Brunelcare does not specifically ask prospective employees if they have a criminal record. Anyone offered employment into a role which works with vulnerable adults in regulated activity or in a regulated environment will need to undertake an Enhanced Disclosure check through the Disclosure & Barring Service (DBS). There may be other roles that require a Basic check. Brunelcare will pay for this check and for any subsequent checks that are required by Brunelcare. Forms will be provided which will need to be carefully completed to enable the Disclosure check to take place. This is mandatory and the offer of employment will be subject to a satisfactory return from the relevant body.
Pre-employment Health Questionnaire:
Anyone offered employment by Brunelcare will be asked to complete a pre-employment health questionnaire. This questionnaire is in place to ensure that Brunelcare takes positive action regarding how anyone’s health could be affected by their working conditions and duties.
Data provided in the form is processed securely and confidentially. This is not mandatory but if not completed may hinder Brunelcare’s ability to consider any impact on health and to make any reasonable adjustments.
Once employment has been confirmed Brunelcare will require the following:
- Bank account details – to process salary payments
- P45 / HRMC Starter’s Checklist
- An opt out form, if you chose to opt out from the auto enrolment pension scheme
- Emergency contact details – in case there is an emergency at work
- Any information related to possible conflicts of interest
- Any relevant evidence of qualifications, memberships or Pin numbers
- Medical information as detailed above and for the private healthcare scheme if applicable to the grade
- Details of employment history
- Details of a nominated beneficiary for the Accidental Death scheme
- Right to work documentation as detailed above
- Documentation for DBS check as detailed above
Personal data gathered during the recruitment process will be transferred to a personnel file and retained confidentially for the duration of employment and thereafter based on Brunelcare’s retention schedule.
Storing personal data on our applicant tracking system:
When a job application is made to Brunelcare, whether successful or unsuccessful, the applicant has the option to store some personal data on our system in order to facilitate the application being included in future processes. In order to effectively monitor the Brunelcare recruitment process and ensure the required standards are met around equal opportunities, any diversity data provided will be stored in order that Brunelcare can run anonymised reports on the diversity of all applicants applying for roles in the charity. Brunelcare processes this data in line with legitimate interests to continually improve recruitment practices and ensure compliance with the Equality Act 2010.
Employment at Brunelcare:
What data does Brunelcare hold on current employees?
Personal data about Brunelcare employees is held in paper and electronic form. This information is used to administer contracts of employment, payroll, pensions, training and appraisal, monitor equal opportunities and manage access to various services, such as IT. Electronic data is held on an internally hosted HR database (Snowdrop). Hard copy information such as letters and signed contracts are stored in secure cabinets in the registered office of employment as well as at the Brunelcare head office located on Saffron Gardens, Prospect Place, Whitehall Bristol, BS5 9FF.
What happens at the end of your employment?
The information provided to Brunelcare will normally be retained as part of a personal file for the duration of any employment. At the end of the employment contract, information we no longer require will be destroyed, information we are required to retain for legal reasons or according to industry best practise will be archived and securely kept in accordance to Brunelcare’s retention schedule. This includes copies of correspondence, fitness to work certificates, records of any security checks and references etc.
Disclosure & Barring Service declarations that disclose relevant information will be destroyed at the end of the employment contract.
Certain data held on electronic employee records, for example, dates of employment, roles fulfilled whilst at the charity, Disclosure certificate date and other information necessary to provide references as and when they are required, or required for audit purposes will be retained for 7 years (plus current year). At the end of the contract of employment, the majority of personal data will be deleted.
What learning and development records does Brunelcare hold?
All new employees undergo a local induction with their line manager or appropriate colleague. This will include the completion of a general induction checklist and a New Starter Development Plan / Training Matrix. The completed documents are to be sent to HR and their receipt will be recorded. All employees are required to complete an induction session and depending on their role may also be required to complete a number of online training modules on issues like Data Protection, within the first few weeks of commencing employment. For roles where this is appropriate, additional training is available in-house and externally. Brunelcare keeps records of employee training.
Does Brunelcare share my personal data with any other organisations?
Information is also shared with HM Revenue & Customs and may also be shared with other authorities when Brunelcare is legally required to do so. In addition there are occasions when Brunelcare will seek your consent to send details to third parties in order to provide you with a service, for example an employee benefit scheme or private healthcare scheme etc.
Use of data processors:
Brunelcare suppliers who have (potential) access to personal data because of the work they do for Brunelcare, for instance the company that provides us with secure archiving space, are classified as “data processors”.
Brunelcare has taken appropriate efforts to ensure that any such processors can be entrusted with this data and that the information processed by these processors is governed by a formal written contract between Brunelcare and the processor. Details of our data processors and links to their own privacy statements can be found at Appendix 1.
Data may be held on servers in other jurisdictions, but only if sufficient safeguards are in place to protect your rights.
Appendix 1: List of Approved Data Processors:
The organisations listed below are HR specific when it comes to organisations processing personal data on behalf of Brunelcare, it aims to illustrate the circumstances in which Brunelcare shares employee data with third parties. This list is not exhaustive. Please contact the Brunelcare Data Protection Officer if you require more specific information.
- Networx recruitment system – In order to process your application and receive alerts of future opportunities
- Recruitment Agencies For senior vacancies – Brunelcare sometimes seeks the assistance of recruitment agencies. Agencies may ask for information which is used to assess suitability for the role being applied for
- U-Check – They are an e-Umbrella Body that processes electronic Basic, Standard and Enhanced criminal record checks for England, Wales & Northern Ireland. They assist Brunelcare to make informed recruitment decisions fulfilling regulatory and compliance requirements, mitigating risk to the people in our care, service users and employees.
- Private Healthcare provider – For those employees eligible according to their Terms & Conditions of employment
- Occupational Health service – To gain any information required to ensure the wellbeing of employees
- Employee benefits providers – In line with Brunelcare’s reward strategy
- The Pensions Trust – To process the auto enrolment scheme
- Training providers including online providers – In line with our Learning & Development strategy
- Snowdrop and Sage – Personnel and Payroll systems. Data is hosted securely on Brunelcare network and is not transferred outside of the charity
- HMRC/Inland Revenue