LAWNSWOOD CHILDCARE LTD

PRIVACY NOTICE (STAFF)

How we use employee’s information

Lawnswood Childcare is committed to protecting the privacy and security of your personal information. This privacy notice describes how the nursery collects and uses personal information about employees of the company. This notice does not form part of any contract of employment and may be updated at any time. If we do so, an updated copy of this notice will be provided to you as soon as reasonably practical.

For the purposes of this privacy notice the term employee includes students and volunteers.

The Data Protection Lead with responsibility for monitoring this privacy notice is Heather Morley.

 

Data Protection Principals

We will fully comply with data protection law. This states that the personal information we hold about you must be;

  1. Used lawfully, fairly and in a transparent way
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with that purpose.
  3. Relevant to the purposes we have told you about and limited only to those purposes
  4. Accurate and kept up to date
  5. Kept only as long as necessary and for the purposes we have told you about
  6. Kept securely

 

Why do we collect and use employee’s information?

Lawnswood Childcare Ltd will record, process and keep personal data on all employees in accordance with the General Data Protection Regulations 2018.

We need all the categories of information in the list below, primarily to allow us to perform our contracts with Employees and to enable us to comply with legal obligations. The situations in which we will process Employee personal information are listed below.

We process this data for the following reasons:

  • Making a decision about an Employee’s recruitment or appointment.
  • Checking an Employee is legally entitled to work in the UK. Paying an Employee and, if an Employee is an Employee or deemed Employee for tax purposes, deducting tax and National Insurance contributions (NICs).
  • Providing any Employee benefits to Employees.
  • Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties.
  • Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee benefits.
  • Administering the contract we have entered into with an Employee.
  • Conducting performance and/or salary reviews, managing performance and determining performance requirements.
  • Assessing qualifications for a particular job or task, including decisions about promotions.
  • Gathering evidence for possible grievance or disciplinary hearings.
  • Making decisions about an Employee’s continued employment, engagement.
  • Making arrangements for the termination of our working relationship.
  • Education, training and development requirements.
  • Dealing with legal disputes involving Employees, including accidents at work.
  • Ascertaining an Employee’s 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 an Employee’s personal information.

Lawnswood Childcare Ltd collect, hold and share the following employee information.

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
  • Date of birth.
  •  
  • Marital status and dependants.
  • 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 an Employee’s continuous employment.
  • Location of employment or workplace.
  • Copy of driving licence (where applicable).
  • 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).
  • Personnel files and training records including performance information, disciplinary and grievance information, and working time records.
  • Information about your use of our information and communications systems.
  • Records of any reportable death, injury, disease or dangerous occurrence.

We may also collect, store and use the following “special categories” of more sensitive personal information:

  • Information about an Employee’s race or ethnicity.
  • Information about an Employee’s health, including any medical condition, accident, health and sickness records, including:
  • where an Employee leaves employment and under any share plan operated by a group company 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 an Employee leaves employment and the reason for leaving is related to their health, information about that condition needed for pensions and permanent health insurance purposes.

 

Collecting information

Whilst the majority of information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain information to us or if you have a choice in this.

We collect personal information about Employees 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 or other background check agencies.

We will collect additional personal information in the course of job-related activities throughout the period of when an Employee works for us.

 

Storing employee’s data

We ensure that access to employee files is restricted to those authorised to see them such as your line manager, the nursery manager and deputy manager and directors.

Your personal records are stored on site in the nursery office and at the organisation head office. The data you supply is stored on our secure server and/or in paper files. 

We will only retain your personal information for as long a necessary to fulfil the purposes we collected it for, including satisfying legal and reporting requirements. Details of retention periods can be found in our Data Retention Policy.

 

Sharing information

The information that you provide to us, whether mandatory or voluntary, will be regarded as confidential. We do not share information about you with anyone without consent, unless required to do so by law, where it is necessary to administer our  working relationship with you or where we have another legitimate interest in doing so. We require third parties to respect the security of your data and treat it in accordance with the law.

Third parties” includes third-party service providers (including contractors and designated agents), local authorities, regulatory bodies, schools and other entities within our group. The following third-party service providers may process personal information about you for the following purposes:

  • Local Authorities for funding and monitoring reasons
  • Regulatory bodies for ensuring compliance and the safety and welfare of the children
  • the Department for Education (DfE) as part of statutory data collections.
  • Ofsted will be allowed to access the nursery systems and records to ensure we meet the needs of the children, to enable appropriate funding to be received and to review safeguarding and complaint records.
  • Our insurance provider
  • Our accountants for the administration of payroll
  • We will share personal data regarding your participation in any pension arrangement operated by a group company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangements. 
  • Traning providers for course enrolment

We are obliged to share confidential information without authorisation from the person who provided it, or to whom it relates, when:

  • there is evidence that the child is suffering or is at risk of suffering significant harm.
  • There is reasonable cause to believe that a child may be suffering, or is at risk of suffering, significant harm
  • It is to prevent significant harm arising to children, young people or adults, including the prevention, detection and prosecution of serious crime.

 

Further information regarding information sharing and confidentiality can be found in our policies.

 

If Employees fail to provide personal information

If Employees fail to provide certain information when requested, we may not be able to perform the respective contracts we have entered into with Employees, or we may be prevented from complying with our respective legal obligations to Employees, Children and Parents.

 

The Nursery’s obligations as an employer

We will use particularly sensitive personal information of Employees 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 the physical or mental health of an Employee, or their disability status, to ensure Employee health and safety in the workplace and to assess the fitness of Employees to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance.
  • We will use information about an Employee’s race or national or ethnic origin, religious, philosophical or moral beliefs, or an Employee’s sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Do we need Employee consent?

We do not need the consent of Employees if we use special categories of personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach Employees for their written consent to allow us to process certain particularly sensitive data. If we do so, we will provide Employees with full details of the information that we would like and the reason we need it, so that Employees can carefully consider whether they wish to consent. Employees should be aware that it is not a condition of their contract with the nursery that they agree to any request for consent from us.

 

INFORMATION ABOUT CRIMINAL CONVICTIONS  

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect the interests of You (or someone else’s interests) and You are not capable of giving your consent, or where an Employee has already made the information public.

 

We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so, which includes but is not limited to Disclosure and Barring Service (“DBS”) checks. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. We will use information about criminal convictions and offences in the following ways:

  • To conduct a DBS check on each Employee, to record the date of the DBS check, the number of the DBS check and the name of the body conducting the DBS check.

We are allowed to use your personal information in this way to carry out our obligations. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.

 

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. Details of retention periods for different aspects of your personal information are available in our retention policy which is available from the nursery manager. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of Your personal data, the purposes for which we process Your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise Your personal information so that it can no longer be associated with You, in which case we may use such information without further notice to You. Once you are no longer an Employee, we will retain and securely destroy your personal information in accordance with our data retention policy and applicable laws and regulations.

 

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 (commonly known as a “data subject access request”). This enables You to receive a copy of the personal information we hold about You and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about You. This enables You to have any incomplete or inaccurate information we hold about You corrected.
  • Request erasure of your personal information. This enables Employees to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove Your personal information where You have exercised Your right to object to processing (see below).
  • Object to processing of Your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about Your particular situation which makes You want to object to processing on this ground.
  • Request the restriction of processing of Your personal information. This enables Employees to ask us to suspend the processing of personal information about You for example if You want us to establish its accuracy or the reason for processing it.
  • Request the transfer of Your personal information to another party.

If You want to review, verify, correct or request erasure of Your personal information, object to the processing of Your personal data, or request that we transfer a copy of Your personal information to another party, please contact the nursery manager in writing.

 

What we may need from You

We may need to request specific information from You to help us confirm your identity and ensure Your right to access the information (or to exercise any of Your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

 

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. To withdraw Your consent, please contact Heather Morley. Once we have received notification that You have withdrawn Your consent, we will no longer process Your information for the purpose or purposes You originally agreed to, unless we have another legitimate basis for doing so in law.

 

If you would like to discuss anything in this privacy notice, please contact Heather Morley.

 

If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/

 

Reviewed by signature:

 

 

 

Date:

25/05/18

 

I,___________________________ (Employee), acknowledge that on _________________________ (date), I received a copy of the Lawnswood Childcare’s privacy notice for Employees and that I have read and understood it.

 

Signature

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Name

 

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