GDPR PRIVACY NOTICE
Randolph Hill Nursing Homes (Scotland) Limited is committed to protecting the privacy and security of your personal information that we collect as a “data controller”. This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to all job applicants, employees, workers and contractors
It does not form part of your contract with us. It is important that you read this policy, together with any updates or other privacy notice we may provide.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. We may collect, store, and use the following categories of personal information about you:
- Personal details such as name, address, date of birth, gender, dependents, photographs, telephone number, personal email address, and emergency contact information.
- Financial details such as your National Insurance number, bank account details, payroll records, tax status, salary, annual leave, pension and benefits information.
- 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 start date, working location, job title, work history, previous salary details, working hours, training records and professional memberships, performance, disciplinary, and grievance records (including in relation to expired sanctions)).
- CCTV footage and other information obtained through electronic means.
- Information about your use of our information and communications systems.
We may also collect, store and use “special categories” of more sensitive personal information, including information about your race or ethnicity, religious beliefs, sexual orientation, marital status, political opinions, trade union membership (if applicable), health, and information about any criminal convictions and offence.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We typically collect personal information about you through the recruitment process, either directly from candidates or sometimes from an employment agency, former employer, or background check provider. We will also collect personal information in the course of you working for us.
HOW WE WILL USE INFORMATION ABOUT YOU
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information where we need to perform the contract we have entered into with you, where we need to comply with a legal or regulatory obligation, and/or where it is necessary for our legitimate interests (or those of a third party) of the effective running of our business and your interests. We may also use your personal information where we need to protect your interests (or someone else’s interests), or where it is needed in the public interest or for official purposes. These circumstances are likely to be rare.
EXAMPLES OF SITUATIONS IN WHICH WE WILL USE YOUR PERSONAL INFORMATION:
- To maintain accurate personnel records.
- For purposes connected with recruitment, promotion, training and/or career development.
- For calculation of payroll data, sick pay and holiday and leave entitlements.
- For processing or payment of certain benefits, including pension.
- To contact next of kin in an emergency.
- For disciplinary purposes arising from your conduct or ability to perform your job.
- For the provision of references or to assist potential future employers.
- To collate statistical information for internal use or for external bodies including the Scottish Social Services Council and the Sector Skills Council.
- To deal properly with any absence from work caused by sickness or injury.
- To comply with requests from HMRC, the Social Care and Social Work Improvement Scotland (SCSWIS) and any other statutory regulatory or professional bodies.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law or regulation.
WE WILL USE YOUR PARTICULARLY SENSITIVE PERSONAL INFORMATION IN THE FOLLOWING WAYS:
- We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
- We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
- We will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations.
All successful applicants are subject to Disclosure Scotland checks as detailed in our Recruitment, Selection and Retention Policy.
DO WE NEED YOUR CONSENT?
We do not need your consent if we use your personal information in accordance with our written policy to carry out our legal obligations as an employer or exercise specific employment law rights. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Data sharing
We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.
DATA RETENTION
HOW LONG WILL YOU USE MY INFORMATION FOR?
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 retain and securely destroy your personal information in accordance with this data retention policy, and applicable laws and regulations. Details of the proposed maximum retention periods for different aspects of your personal information are outlined in the table below.
| Type of Employee Data | Maximum Retention Period
Where information falls under more than one category the longest retention period may apply |
| Job applications, CVs and interview records | Unsuccessful candidates – 6 months from notification
Successful candidates – 7 years after the date of termination of employment |
| Criminal records checks and information about convictions and offences | Pre-employment checks – data will be deleted as soon as possible following recruitment/decision not to recruit (unless relevant to the ongoing employment)
Information on spent convictions will be deleted as soon as possible after the conviction is spent (unless the employee is engaged in an excluded profession) |
| Basic employment information, including name, job title and salary, and dates of employment | Retained indefinitely for historic purposes to maintain employment records. |
| Death Benefit Nomination and Revocation Forms | 6 months after termination of employment
(or 7 years after payment of benefit) |
| Key employment information, including: contracts of employment/written particulars of employment, commencement date, location of employment, work history, working hours, training records, performance information, disciplinary and grievance records, parental leave records, termination documentation and settlement agreements.
Other employment information, including: records of family leave (maternity/paternity/SPL); working time opt-outs/ records to show compliance with the Working Time Regulations; immigration and right to work checks; and information regarding accidents or injuries in connection with work. |
7 years after the date of termination of employment
|
Data not caught by other categories but containing:
|
7 years after the date of termination of employment
|
| Remuneration information, including salary, payroll and wage records, PAYE records, National Insurance number, tax status information, annual leave, and pension and benefits information.
|
7 years after date of termination of employment |
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access to your personal information (known as a “data subject access request”).
- Request correction of the personal information that we hold about you.
- Request the erasure of your personal information, or ask us to stop processing personal information where we are relying on a legitimate interest and you object to processing on this ground.
- Request the suspension or restriction of processing of your personal information.
- Request the transfer of your personal information to another party.
RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.
If you have any questions about this privacy notice, or to exercise any rights under it, please contact Peter McCormick at Peter@randolphhill.com