Employee Privacy Notice

To interview and consider an offer, we will collect a subset of workforce information to facilitate that process – e.g. identity, CV, contact details, interview notes. Your rights are unaffected and unsuccessful candidates will have records erased according to the retention schedule, typically around 6 months.

This notice applies to current and former Leonard Cheshire employees, new candidates, contractors and volunteers.

• Contact name, address and contact details, including email address and telephone numbers.
• Date of birth and gender.
• Marital status, next of kin, dependants and emergency contacts.
• Identification documentation including, copy of driving licence, passport, birth and marriage certificates, decree absolute.
• Qualifications, employment and gap history, including skills, experience and previous employment, start and end dates with previous employers, references, employment history with Leonard Cheshire.
• Bank account details and national insurance number.
• Tax status information, remuneration, entitlement to benefits and schemes such as pensions, salary sacrifice, or life insurance cover.
• Identity and evidence of right to work in the UK, such as nationality details and entitlement to work in the UK, which can include passport information, driving licence and information about any criminal records you may hold.
• Terms and conditions of your employment, including start/leave dates, roles and salary.
• Work schedule (days of work and working hours), flexible working requests and attendance.
• Leave and Absence - periods of leave taken, including holiday, sickness  absence, family leave and sabbaticals, and the reasons for that leave.
• Performance – training records, appraisals, reviews and ratings, performance improvement plans and related correspondence; disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence.
• Health, Safety and Medical – accident/incident information, relevant risk assessments, medical or health conditions, disability details, GP contact details, reasonable adjustments/medical requirements, information relating to your vaccination status for certain conditions (relevant to specific roles), COVID-19 vaccination status for all care staff, assessments of your performance, Occupational Health referrals and reports.
• Care Services vehicle use – driving licence data (including points), journey data, information for insurance purposes, MIDAS training records, accident/incident information.
• Equal Opportunities - monitoring/survey including information about ethnic origin, sexual orientation, religion or belief; and community background (NI only) for statutory reporting.
• CCTV footage.
• Photographs and videos.
• Information about how you use IT systems such as logging in, emails sent/received, access to websites.
   

We typically collect personal information about you through the application and recruitment process, either directly or sometimes from an employment agency or background check provider, including via:
• On-line application forms.
• CVs.
• Passport or other identity documents, such as your driving licence.
• Forms completed at the start of or during employment (such as benefit nomination forms).
• Correspondence and telephone contact.
• Interviews, meetings or other assessments.
We will sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies, including:
● Her Majesty’s Revenue and Customs HMRC.
● Disclosure Barring Service (DBS) (DBS, Access NI or Disclosure Scotland).
● Other Government Departments.
● Employee’s doctors.
● Medical and occupational health professional.

We will collect additional personal information in the course of job-related activities throughout the period of you working for us.

We process data to enter into an employment contract with you and to meet our obligations under your contract and Employment law. For example, we need to provide you with an employment contract, to pay you in accordance with your contract, provide your payslip and to administer employee benefits, tax and pensions.
We need to comply with our legal obligations. For example, we are required to check entitlement to work in the UK, to deduct tax, manage health and safety issue and to enable employees to take periods of leave they are entitled to.

In other cases, we process your personal data before, during and after the end of the employment relationship, including for the purposes of:
 Keeping our staff informed of various initiatives and relevant organisational communications using newsletters and email.

• Managing organisational design and operation, including restructuring
• Offering staff surveys for your feedback.
• Providing information on how staff in care settings can reduce risk to clinically vulnerable service users.
• Managing staff safety, welfare, and wellbeing.
• Issuing and return of Leonard Cheshire equipment and property.

Some special categories of personal data, such as information about health or medical conditions and vaccination status of care staff are processed to carry out employment law obligations (such as those in relation to employees with disabilities) and to support our obligations for safety in the workplace.

Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation/monitoring, disabilities, religion or belief, this is done for the purposes of employee equality and equal opportunities monitoring. Data that the organisation reports for these purposes is anonymised. Employees are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.

Your information may be shared internally, including with members of the HR and Recruitment Team, Employee Administration Team, Payroll Team, your line manager, managers in the business area in which you work, IT staff where access to the data is necessary for the performance of their roles and auditors.

The organisation may share your data with third parties to manage your employment contract such as to obtain pre-employment references from other employers and to assist with exit interviews. The organisation may also share your data with third parties in the context of a transfer of its operations. In those circumstances the data will be subject to confidentiality arrangements.

The charity shares with third parties that process data on its behalf such as payroll and pension providers, provision of benefits, bulk mailing services, staff surveys and occupational health services.

We may share data with external parties:

•  assisting the organisation with its design and operation
  Leonard Cheshire Employee Privacy Notice v7 Last updated: 10/05/24
• for the purposes of enabling your access as required to business/benefits systems
• for delivery of training and development opportunities
   

We only share with other parties where it is fair and lawful to do so, or where we may be obliged to. In the course of role duties there may be an expectation of this sharing taking place to facilitate a service or function. Examples include HMRC (tax law), social care regulators and inspection, the NHS, audit, and local authorities. Data breach, accidents, criminal activity and safeguarding alert investigations may require disclosure.

For UK based posts, we will not transfer your data outside the European     Economic Area, unless your role clearly needs this and is agreed.

For non-UK based posts, we will transfer data to the country you work in and for payroll purposes your data may be processed in another country. We endeavour to maintain robust privacy standards.

Where workplace disputes arise, or safeguarding incidents need investigation, personal information and witness statements will be taken. The charity is subject to a number of regulators and laws, The Health and Social Care Act 2008 Regulations 2014(pt3), the Care Quality Commission and registration (noting Reg. 13 Safeguarding, and Reg. 19 Employing Fit and Proper Persons), the Independent Safeguarding Authority and others. These disputes follow internal guidance and applicable law, and your rights and the process will be explained. Your privacy and subject rights remain however you may wish to take external advice.

Leonard Cheshire takes the security of your data seriously and has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed other than to those third parties it may be shared with who are described above, and is only accessed by employees in the performance of their duties. For example;

•  systems have access restricted to those as part of their role;
• systems are password protected; 
• we provide training to employees on information governance and security   to ensure the greatest care is taken with personal information;
• policies, guidance and education.

The engagement of third parties to process personal data is done on the basis of written instructions; they are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

The organisation will hold your personal data for the duration of your employment. After this, it will be subject to the retention policy.

As a data subject, you have rights and may:

•  request access to your personal data;
• request the organisation to change incorrect or incomplete data;
• request the organisation to delete 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 organisation is relying on its legitimate interests as the legal grounds for processing;
• request the restriction of processing of your data, for example if you want us to establish the accuracy or the reason for the processing; and
• request the transfer of your personal data to another party.

If you would like to exercise any of these rights, please contact the Data Protection Officer or email IG@leonardcheshire.org

If you are unsatisfied or believe that we have not complied with your data protection rights, you can complain to the Information Commissioner. The Information Commissioner’s Office (ICO) is the UK’s data regulator:
www.ICO.org.uk
Phone 0330 8303 0338
Write to: ICO House, London, WC12 2SW

You have obligations under your employment contract to supply us with data. In particular, you are required to:

• report absences from work;
• report disciplinary or other matters such as a change of circumstances, under the implied duty of good faith;
• write in order to exercise your statutory rights, such as in relation to statutory leave entitlements.

Failing to provide the data may prevent you from exercising your statutory rights or receiving the correct payment of benefits.

Certain information, such as contact details, your right to work in the UK and payment details have to be provided to enable Leonard Cheshire to enter a contract of employment with you. If you do not provide other information, this will hinder our ability to administer efficiently the rights and obligations arising as a result of the employment relationship efficiently.

We reserve the right to update Leonard Cheshire Employee Privacy Notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. As a means of keeping you informed we may also notify you in other ways from time to time about the processing of your personal information.