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Privacy notice for employment information

What do we use the information for?

We use this information to manage the employment relationship between the council and yourself, to ensure that you are paid correctly and on time for work undertaken during your employment and for the council’s statutory obligations with regard to employment for example correctly deducting income tax, national insurance and pension contributions and making statutory payments such as for sickness and maternity/paternity. 

We also use the data to produce reports on employee data for a variety of purposes including improving data quality within IT systems, monitoring the number of employees, starters, leavers, turnover etc and composition of the workforce in terms of gender, ethnic origin etc. We do this to build a comprehensive picture of the workforce, to make processes more efficient, to inform recruitment and retention policies and to allow better financial modelling and planning.

We do not include personal data that would allow the identification of individual employees or workers in these reports unless this is required for the purpose of the report. Examples of reports that do include personal information are data quality reports which are used to correct employee records to ensure payments are made correctly and statutory returns to central government such as workforce census information required by the Department for Education.

More information about how the DfE store and use your personal data is available at:

GOV.UK - Data protection: how we share pupil and workforce data

You are required by statutory and contractual obligation to provide personal data to the council that will allow us to carry out our duties as your employer.

Any information that you choose to provide outside statutory and contractual obligations is entirely voluntary, but please note that the data may be used in anonymous workforce monitoring reports if supplied.

What information do we hold and use?

We collect and process the following personal information relating to employees and casual workers:

  • Personal details (such as name, address, date of birth, National Insurance number, bank account details, HMRC tax code and contact details including home address, email address and telephone numbers)
  • Details of all payments made to you in respect of salary, additional payments e.g. overtime or allowances, deductions, tax, NI and statutory payments such as sickness and maternity/paternity. This will include records of statutory documents issued to you such as P60 and P11D.
  • Pension scheme details and records of employee and employer contributions
  • Records of any other financial arrangements related to employment such as salary sacrifice agreements, loans, expenses etc
  • Details of job roles held with the council including salary, allowances, hours and days worked and dates of employment
  • Information from the recruitment process including your application form, references, copies of documents confirming right to work in the UK and confirmation of the completion of other statutory checks
  • Details of criminal record checks where applicable to your job role
  • Information relating to ongoing or repeat checks to meet statutory or contractual requirements to confirm continued suitability for employment including right to work in the UK, driving licence validity, professional registration and criminal record checks.
  • Equalities monitoring information, including information about your age, gender, marital status, ethnic origin and disability status.
  • Performance information such as records of EDRs
  • Absence information including holidays, sickness, maternity and paternity leave, special leave, unpaid leave etc.
  • Information related to management of the employment relationship such as records of sickness case reviews, grievance, disciplinary, redeployment or other proceedings.
  • Records of changes to personal details and terms and conditions of employment
  • Records relating to leaving employment with the council including resignation, retirement, dismissal, redundancy and TUPE processes including all associated payments and P45 records.
  • Induction and training records
  • Health and Safety information such as accident records
  • Pre-employment medical declarations, assessments to advise on adjustments to workplace/duties, health surveillance records or as a result of referrals during employment.

 

On what grounds do we use the information?

We use your personal information for employment purposes to ensure you are paid correctly and that the council fulfils its statutory obligations as an employer.  For example, the council needs to retain records to show that the correct documents have been seen for all employees and workers to evidence the right to work in the UK and to show that criminal record checks have been completed for specified job roles to comply with safeguarding legislation and contractual requirements for repeat checks.

The council may process information about whether or not employees or workers require reasonable adjustments where they have a disability or health condition. This is to carry out its obligations and exercise specific rights in relation to employment.

The council processes data including information about age, gender, marital status, ethnic origin and disability status, for statutory equalities monitoring purposes.

During employment, we will process any changes to personal data that you provide such as changes to name, address, bank details etc and any changes to job role to enable us to pay you correctly.  

We will process data to allow us to make statutory payments as required for sickness, maternity/paternity leave etc.

We process data relating to performance, attendance, grievance, redeployment, redundancy etc to allow us to manage the employment relationship in a consistent and fair way in compliance with council policies.

The council has a statutory requirement under Teachers Pensions Regulation H3(2) to provide data relating to historic pension contribution and employment details for those employees or workers who have contributed to the teachers pension scheme during employment until they reach pensionable age. The council also has similar duties with regard to the Local Government Pension Scheme (LGPS) and NHS Pension Scheme for those employees or workers who have contributed to the LGPS during employment.  

We will also use your employment information to respond to queries from HM Revenues and Customs (HMRC) regarding tax and national insurance contributions.

The council may also need to process data from employees or workers to respond to any legal claims (e.g. Employment Tribunal and insurance).

The council does not use automated decision-making in processing employment information.

How do we collect this information?

The council may collect this information in a variety of ways. For example, data may be contained within application forms, obtained from your passport or driving licence or other identity documents produced for the purpose of carrying out an identity, right to work in the UK or criminal record check, or documents confirming qualifications or professional registration or information collected through interviews or other forms of assessment.   

The council will also have collected information from third parties such as referees, providers of services to verify documents, right to work in the UK, qualifications, professional registration or restrictions/sanctions on work and the disclosure and barring service.

We ask you to provide your bank details and information allowing us to obtain your HMRC tax code at appointment stage and we will collect information you provide during employment when you inform us of changes to personal data such as name, address, bank details etc.  We may also receive information from external agencies relating to student loans and court orders that we are required to deduct from salary payments.

We will collect information from forms you complete during employment to be considered for allowances, salary sacrifice arrangements, loans or other employee or worker benefits that need to be assessed against eligibility criteria and we will run data quality reports to identify and correct data.

During employment we will receive information from third parties such as HMRC, pension providers and providers of services for checks which need to be repeated due to either a statutory or contractual requirement such as driving licence validity checks, right to work in the UK checks, professional registration and criminal record checks.

We collect information at pre-appointment stage in a medical declaration or health and medical questionnaire to allow us to consider reasonable adjustments due to a disability or learning difference. Additional health and wellbeing information may be collected during employment by managers, Human Resouces, Occupational Health, during EDRs or referrals for advice and information will be collected from fit notes when you are sick.  Health surveillance records are also collected for those working in relevant job roles e.g. where there is the potential for exposure to vibrating machinery.

Maternity/paternity information will be collected from the MATB1 certificate and forms you are asked to complete when claiming these statutory benefits.

A record of performance information will be created at EDR by your manager.

Records will be created for any actions taken under council policy in relation to employment for example, attendance case reviews, disciplinary, capability processes etc. Where audio recordings will be made, you will be informed of this prior to the meeting.

Information will be collected via accident form relating to any accidents taking place at work.

Who do we share your information with?

Your information may be shared internally for the purposes of managing employment. This includes human resources staff, your manager or employing school and other senior managers in your service area/directorate, IT staff working with HR systems and support services staff carrying out tasks for human resources, if access to the data is necessary for the performance of their roles.

The council will share your data with former employers/those able to comment on your character to obtain references for you or to confirm continuous service dates, providers of services to confirm the validity of identity documents, right to work in the UK, driving licence validity, qualifications, professional registration and restrictions/sanctions on certain professions and, where required for specified job roles, the disclosure and barring service to obtain necessary criminal records checks.  

The council will share your data for statutory purposes with HMRC, pension providers and will transfer data to your bank to pay you.  

Data will be shared with other government departments or agencies where there is a statutory requirement e.g. immigration audits, DfE workforce census returns. 

The council may share your personal information with other agencies if relevant to safeguarding concerns or as part of a criminal investigation. This may include the Police, benefits agencies, other employers or the disclosure and barring service as part of a barring referral.

The council may share your information with relevant legal practitioners and bodies as part of legal proceedings or employment tribunal hearings.

The council may transfer your data outside the European Economic Area (EEA), for example when making reference requests to former employers who are based outside the EEA.

How long do we store it and is it secure?

Data will be stored in various systems including your personnel file, the council’s HR/Payroll IT system and on other IT systems used by HR such as databases, shared drives on secure servers and email.

Your personnel file and details of any criminal record checks undertaken will be deleted 6 years after your employment with the council ceases.

To meet the council’s duties under the Teachers Pensions, LGPS and NHS pension schemes to provide data up to former members reaching pensionable age, the council’s HR/Payroll system will delete records when individuals reach age 75 (and this is more than 6 years after employment ceases) or 60 years after termination date, according to system capability.  Any former employee who was not a pension member with any scheme at any point during employment may contact the council to request deletion of their record on this system 6 years after employment ceased to allow for the time period for any HMRC queries to have elapsed, and any former employee who is in receipt of their pension can similarly request deletion of their records at the point of their pension being paid as long as this is 6 years or more after employment ceased.

Copies of DBS disclosure certificates and any correspondence with the disclosure and barring service relating to your criminal record check will be securely destroyed within 6 months of date of issue – they are only retained to allow a suitability decision to be taken and any dispute re accuracy of content of disclosure certificate to be resolved. 

Audio recordings of formal meetings held as part of the employment relationship will be retained for a maximum of 6 months.

Occupational Health health surveillance records are retained for 40 years.

The council has retention schedules in place to ensure that information is only held for as long as it is needed. For information on how long your information will be held visit the retention explained page. 

Details of how we keep your information secure are available on the general  privacy information page.

What rights do you have?

The rights that you have depend upon the grounds upon which your information is collected. All of the rights you could have are outlined on the data protection rights page. In most cases, people who have been involved in a recruitment process will have the following rights:

  • The right of access - You are entitled to see the information we hold about you and can request a copy by emailing data.protection@eastriding.gcsx.gov.uk 
  • The right to rectification - If you believe any information we hold about you to be incorrect, please email hr.helpdesk@eastriding.gcsx.gov.uk and we will amend the information accordingly. 
  • The right to restrict processing - Should you wish us to limit how we use your data please email hr.helpdesk@eastriding.gcsx.gov.uk with the reason for your request. 
  • The right to object - In addition to the right to limit the use of your data, you also have a right to object to the use of your data for certain actions.  Should you wish us to limit how we use your data please email hr.helpdesk@eastriding.gcsx.gov.uk with the reason for your request.

Where can I find out more?

If you want to know more about how the council uses information, your rights or have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. 

Contact details are available on the general privacy information page. 

Alternatively, you can contact the Information Commissioner’s Office.