Maypine Construction Limited GDPR Privacy Policy
Introduction
The Company needs to keep and process information about you for normal employment purposes. The information we hold and process will be used for our management and administrative use only. We will keep and use it to enable us to run the business and manage our relationship with you effectively lawfully and appropriately, during the recruitment process, whilst you are working for us, at the time when your employment ends and after you have left.
This includes using information to enable us to comply with the employment contract, to comply with any legal requirements, pursue the legitimate interests of the Company and protect against our legal position in the event of legal proceedings. If you do not provide this data we may be unable in some circumstances to comply with our obligation and we will tell you about the implications of that decision.
Please find as follows further detail on the personal data that we collect, maintain and process, the reasons we require this information and your rights under the General Data Protection Regulation.
The Type of Personal Data we collect.
The Company collects and processes the following information about you in order to manage the employment relationship. This includes:
- Your name, address and contact details, including e-mail address and telephone number, date of birth and gender.
- The terms and conditions of your employment. If Applicable.
- Details of your qualifications, skills, experience and employment history, including start and end dates with previous employers and with the Company.
- Information about your remuneration, including entitlement to benefits such as pensions or insurance cover.
- Details of your bank account and national insurance number.
- Information about your marital status, next of kin, dependants’ and emergency contacts.
- Information about your nationality and entitlement to work in the UK.
- Information about your criminal record if relevant.
- Details of your schedule (days of work and working hours) and attendance at work.
- Details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals and the reason for the leave.
- Details of any disciplinary or grievance procedures in which you have been involved, including any warning issued to your and related correspondence.
- Information about medical or health conditions, including whether or not you have a disability for which the Company needs to make reasonable adjustments.
- Driving licence information.
- Computer and other device usage.
- Telephone call records.
How we collect your Personal Data.
Much of the information we hold will have been provided by you, but some may come from other internal sources, such as your manager, or in some cases, from external sources, such as referees.
For example, data is collected through application forms, CVs or resumes, references supplied by former employers, information from employment background check providers, from criminal records checks, from your passport or other identity documents such as your driving licence, from forms completed by you at the start of or during employment (such as benefit nomination forms), from correspondence with you, or through interview, meetings or other assessments such as performance reviews.
When the Company seeks information from third parties, it will only do so with your express consent.
Why the Company needs to obtain and process your Personal Data.
The Company needs to obtain and process your data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your personal data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer benefits, such as your pension.
We may sometimes need to process your personal data to pursue our legitimate business interests before, during and after the end of your employment relationship. Processing employee personal data allows the Company to:
- Maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency, and records of employee contractual and statutory rights).
- Operate and maintain a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace.
- Operate and maintain a record of employees’ qualifications and training records to enable the Company to undertake a training needs analysis and implement appropriate training courses.
- Operate and maintain a record of absence and absence management procedures to allow effective workforce management and to administer statutory and Company Sick Pay.
- To support employees in the workplace with regards to health and safety and to ensure the company is able to comply with health and safety obligations, and with legal duties in relation to employees with disabilities. In order for employees to receive supportive measures where appropriate, such as considering how your health affects your ability to do your job and whether any adjustments to your job might be appropriate, the following information in relation to your health may be requested and processed; your reasons for absence, Fit Notes, GP Reports and Occupational Health Reports.
- Operate and maintain a record of other types of leave including maternity, paternity, adoption, parental and share parental leave to allow effective workforce management, to ensure that the Company complies with duties in relation to leave entitlement and to ensure that employees are receiving the pay or other benefits to which they are entitled.
- Ensure effective general HR and business administration.
- Provide references on request for current or former employees.
- Respond to and defend against legal claims.
- To provide a safe and secure workplace.
- To ensure individuals who are provided with vehicles and equipment are lawfully eligible to operate or drive in the UK also to ensure drivers are insured within the terms given by our insurance provider.
We will never process your personal data where our legitimate business interests are overridden by your own interests.
In some cases the Company needs to process personal data to ensure that is it 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. For certain positions it is necessary to carry out criminal records checks to ensure that individuals are permitted to undertake the role in question.
Who has access to your Personal Data?
Your information will be shared internally, which may include with members of the HR and recruitment team, Payroll, your line manager, staff responsible for administering Health, Safety and training, managers in the business area in which you work and IT consultants if access to the personal data is necessary for performance of their roles.
The Company may share your personal data with third parties to comply with contractual duties to you or if we are legally obliged to, for example:
- To process personal data on the Company’s behalf, for example, to process payroll with a Payroll provider, to administer benefits with a benefit provider or to obtain Occupational Health advice from an Occupational Health provider.
- To comply the statutory requirements of official bodies such as the HMRC or the Department for Work and Pensions (DWP).
- In order to obtain pre-employment references from other employers, obtain employment background checks from third-party providers or obtain necessary criminal records checks from the Disclosure and Barring Service.
- In the context of a sale of some or all of its business. In these circumstances the personal data would be subject to confidentiality arrangements.
Where possible, the company will only process your information within the European Economic Area (EEA). However, some of the service providers may be based outside of the EEA.
We take steps to ensure that where your information is transferred outside of the EEA to our service providers and hosting providers, appropriate measures and controls are in place to protect that information in accordance with applicable data protection laws and regulations
How the Company protects your Personal Data.
Your personal data is stored securely and confidentially in your personnel file, in the Company’s HR management systems and in other IT systems (including the Company’s e-mail system).
The Company takes the security of your personal data seriously. The Company has internal policies and controls in place to try to ensure that your personal data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties.
Where the Company engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentially and are obliged to implement appropriate technical and organisation measures to ensure the security of that data.
We do not allow use of your personal data for any purpose other than that for which is has been collected.
If in the future we wish to process your personal data for a purpose other than that which it was collected we will provide you with information on that purpose and any other relevant information
Retention Period of your Personal Data.
Personal data in relation to the recruitment process, such as CVs, interview notes and cover letters will be held for 6 months. If the Company wishes to keep CVs on file for longer than 6 months, for example, in relation to a talent pool for future opportunities, it will seek the express consent from applicants.
Your personal data in relation to your appointment and ongoing employment will be held by the Company for the duration of your employment. Following the end of your employment your personal data will be retained securely by the Company 6 years at which point your personal data will be confidentially destroyed.
The company will retain limited personnel data after the 6 year period for the purpose to respond to and defend against any legal claims
Your Rights
Under the General Data Protection Regulation (GDPR) and the Data Protection Act (DPA) you have a number of rights with regards to your personal data. These are as follows:
- You have the right to request from us access to information about you that is held by our Company. This can be done by making a Subject Access Request via the completion of the Company’s Subject Access Request Form.
- You can require the Company to change incorrect or incomplete data.
- You can require the organisation to delete or stop processing your data, for example whether the data is no longer necessary for the purpose of processing.
- You can object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing.
- You can ask the Company to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the Company’s legitimate grounds or processing data.
If you have any queries or concern about the way we are collecting or using your personal data we request that you raise your concern with the person responsible for Data protection in the first instance.
This does not affect your right to complain to the Information Commissioner’s Office (ICO). If you believe that the Company has not complied with your data protection rights you have the right to lodge a complaint with the Information Commissioner’s Office (ICO) at https://ico.org.uk/concerns/ or call the ICO on 0303 123 1113.
Further information can be found at https://ico.org.uk.
Your Obligations
You have some obligations under your employment contract to provide the Company with personal data.
In particular, you are required to report absences from work and many be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide the Company with personal data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the personal data may mean that you are unable to exercise your statutory rights.
Certain information such as contact details, your right to work in the UK and payment details have to be provided to enable the Company to enter a contract of employment with you. If you do not provide other information this will hinder the Company’s ability to administer the rights and obligations arising as a result of the employment relationship efficiently.
You are also required to provide the Company with any change in personal details, such as a change of address, name or emergency contact details, to enable the Company to maintain the accuracy of your personal data.
Automated Decision-making
The Company makes no employment decisions that are based solely on automated decision-making.
Contact Details of Person with Responsibility for Data Protection
If you have any queries in relation to the above or data protection issues please contact:
The Data Protection Officer
Maypine Construction Limited
Enterprise Road
Raunds
Northamptonshire
NN9 6JE.
email: dpo@maypine.com
24/05/2018 Version 001