EMPLOYEE PRIVACY NOTICE

Data controller:

Prestwick Care a trading name of Malhotra Group PLC (“the Group”)

Data Protection Officer (DPO):

Paul Wright, Malhotra House, 7-9 Groat Market, Newcastle upon Tyne, NE1 1UQ

The Group collects and processes personal data relating to our employees which is necessary to manage the employment relationship. The Group is committed to being transparent about how it collects and uses that data in order to meet our data protection obligations.

What information does the Group collect?

The Group collects and processes a range of information about you. This includes:

  • your name, address and contact details, including email address and telephone number, date of birth and gender;
  • the terms and conditions of your employment;
  • details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and with the organisation;
  • 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;
  • 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 reasons for the leave;
  • copies of any email, WhatsApp, Facebook Messenger (or any other messenger medium) correspondence sent from any Company/Group device;
  •  copies of any email correspondence or calendar information sent or created on a Company/Group email account;
  • details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
  • assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in, performance improvement plans and related correspondence; and
  • information about medical or health conditions, including whether or not you have a disability for which the Group needs to make reasonable adjustments.

The Group collects this information in a variety of ways. For example, data is collected through application forms, CVs; obtained 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 interviews, meetings or other assessments.

In some cases, the Group collects personal data about you from third parties, such as references supplied by former employers, information from employment background check providers, information from credit reference agencies and information from criminal records checks permitted by law (enhanced DBS check).

Data is stored in a range of different places, including your personnel file, in the organisation’s HR management systems and in other IT systems (including the organisation’s email system).

Coronavirus (COVID-19)

The Company may find it necessary for us to store information regarding NHS Track & Trace. The legal basis for the retention and processing of this data is the protection of our employees, residents, customers and the wider public. Under the General Data Protection Regulations (GDPR) such data can be retained and processed, if:

  •  ‘Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller’. As information about health is a special category of personal information, a further section of the GDPR applies (Article 6(1)(e)); and/or
  •  ‘Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare’ (Article 9(2)(i)).

The development of the NHS Test and Trace scheme is a key part of the Government’s plan to manage the spread of Coronavirus (COVID-19). Data will not be shared without sound legal basis, but in the interests of public safety and in order to prevent the spread of COVID-19, we will be legally obliged to share data upon request from NHS Test and Trace. Such data will only be retained as long as we are legally obliged to do so.  

Why does the Group process personal data?

The Group needs to process 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 data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer your pay and your pension entitlements (if applicable).

In some cases, the Group needs to process data to ensure that it is 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 you are entitled. For certain positions, it is necessary to carry out criminal records checks (enhanced DBS) to ensure that individuals are permitted to undertake the role in question.

In other cases, the Group has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the Group to:

  • run recruitment and promotion processes;
  • 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 keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
  • operate and keep a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes;
  • operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay or other benefits to which you are entitled;
  • to ensure that we comply with our duties in relation to individuals with disabilities, meet our obligations under health and safety law, and ensure that our employees are receiving the pay or other benefits to which you are entitled;
  • operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the Group complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which you 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; and
  • maintain and promote equality in the workplace.

Where the Group relies on legitimate interests as a reason for processing data, we have considered whether or not those interests are overridden by the rights and freedoms of employees or workers and has concluded that they are not.

Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities and for health and safety purposes).

Where the Group processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring.

Who has access to data?

Your information will be shared internally, including with members of the HR and recruitment team , accounts (including payroll),  our marketing department, your line manager, managers in the business area in which you work and  contracted service providers (such as parties who manage our IT and network infrastructure) if access to the data is necessary for performance of their roles.

The Group shares your data with third parties in order to obtain pre-employment references from other employers, obtain employment background checks from third-party providers and obtain necessary criminal records checks from the Disclosure and Barring Service. The Group may also share your data with third parties in the context of a sale of some or all of our business. In those circumstances the data will be subject to confidentiality arrangements.

The Group will not transfer your data to countries outside the European Economic Area.

How does the Group protect data?

The Group takes the security of your data seriously. The Group has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the performance of their duties.

Where the Group engages third parties to process personal data on our behalf, we do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

For how long does the Group keep data?

The Group will hold your personal data for the duration of your employment. The periods for which your data is held after the end of employment will be assessed on the “legitimate interest” basis in respect of holding this data i.e. up to 3 years for PAYE information (in the event of an audit) and up to 6 years for personnel records following the end of your employment.

Your rights

As a data subject, you have a number of rights. You can:

  • access and obtain a copy of your data on request;
  • require the Group to change incorrect or incomplete data;
  • require the Group to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
  • object to the processing of your data where the Group is relying on its legitimate interests as the legal ground for processing; and
  • ask the Group to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the organisation’s legitimate grounds for processing data.

If you would like to exercise any of these rights, please contact our Data Protection Officer (details as set out above).

You have the right to make a formal Data Subject Access Request (DSAR) in relation your personal data. Request will normally be processed within 1 calendar month. If you believe that the Group has not complied with your data protection rights, you can complain to the Information Commissioner.

What if you do not provide personal data?

You have some obligations under your employment contract to provide the Group with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide the Group with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the 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 Group to enter a contract of employment with you. If you do not provide other information, this will hinder the organisation’s ability to administer the rights and obligations arising as a result of the employment relationship efficiently.

Review date: July 2020