Public holiday - Monday 25th September
We will be closed on Monday 25th September for the public holiday
A new data protection law was introduced on 25th May 2018. As a result, we've updated our Privacy Notice to make it easier for you to find out how we use, process and protect your information.
Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:
Address: Data Protection Officer, Legal and Regulatory Support, Argyll and Bute Council, Kilmory, Lochgilphead PA31 8RT.
Email: data.protection@argyll-bute.gov.uk
Telephone: 01546 605522
The Council collects and processes personal data relating to its employees to manage the employment relationship. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
The Council collects and processes a range of information about you. This includes:
When we are using sensitive personal data, our legal basis to do so is:
The Council collects this information in a variety of ways. For example, through the recruitment process data is collected through application forms; 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; from phone conversation to the HR advice and absence lines.
The organisation also collects personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks permitted by law.
Data is stored in a range of different places, including in your personnel file, in the organisation's HR management systems and in other IT systems (including the organisation's email system).
The Council needs to process these data to enter into an employment contract with you and to meet its obligations under your employment contract. The Council will process your data in accordance with the employment law, including the Employment Rights Acts 1996, the Equal Opportunity 2010, the Health and Safety at Work etc. Act 1974 and enabled regulations, agreements with the NHS and Live Argyll, and other relevant legislation and subsequent updates. The Council will not collect any personal data from you that isn’t needed.
As listed in the table below, processing employee data allows the organisation to:
Council process |
Legal/Contractual basis for the process |
---|---|
Run recruitment |
Employment Rights Acts 1996 or necessary for the performance of a contract |
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 |
Employment Rights Acts 1996, the Health and Safety at Work etc Act 1974 and enabled regulations, or necessary for the performance of a contract |
Operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace |
Employment Rights Acts 1996 or necessary for the performance of a contract |
Operate and keep a record of employee performance and related processes, to plan for career development, promotion processes, and succession planning and workforce management purposes |
Employment Rights Acts 1996 or necessary for the performance of a contract |
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 they are entitled |
Employment Rights Acts 1996 or necessary for the performance of a contract |
Obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that employees are receiving the pay or other benefits to which they are entitled |
Employment Rights Acts 1996, the Health and Safety at Work etc Act 1974 and enabled regulations, or necessary for the performance of a contract |
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 organisation 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 |
Employment Rights Acts 1996 or necessary for the performance of a contract |
Operate payroll/pension for employees |
Employment Rights Acts 1996 or necessary for the performance of a contract |
Ensure effective general HR and business administration |
Employment Rights Acts 1996 or necessary for the performance of a contract |
Provide references on request for current or former employees |
Employment Rights Acts 1996 or necessary for the performance of a contract |
Respond to and defend legal claims |
Employment Rights Acts 1996, the Health and Safety at Work etc Act 1974 and enabled regulations, or necessary for the performance of a contract |
Maintain and promote equality in the workplace |
Employment Rights Acts 1996 or necessary for the performance of a contract |
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). Information about trade union membership is processed to allow the organisation to operate payment of union subscriptions.
Where the organisation 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. Data that the organisation uses for these purposes is anonymised or is collected with the express consent of employees, which can be withdrawn at any time. Employees are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.
All of the information we collect from you will be processed by staff in the United Kingdom who will have been made aware of the confidentiality around personal data and will be shared with the recipients or categories of recipients listed below, including any potential employers you might work for upon termination of your contract with the council who may ask for a reference:
Your personal data will not be shared with anyone else unless there is a legal obligation for us to do so.
You should also be aware that your data will be stored on servers located within the United Kingdom; the data will not be processed outside the European Union. We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this can be provided on request to the Data Protection Officer.
We will usually keep your information for a minimum of the number of years outlined in the table below. After this period it will be destroyed under secure arrangements if it is no longer required for the lawful purpose for which it was obtained.
Council process |
How long do we keep the information for |
---|---|
Run recruitment |
1) Staff involved in the recruitment will delete all papers work 6 months after the interview date 2) Unsuccessful candidates - All information entered online as part of the application process will be deleted 5 years after the last application. 3) Successful candidates - All information entered online as part of the application process will be deleted 7 years after the last application. 4) Any PVG papers will be destroyed the day after termination of Employment |
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 |
All papers will be deleted after termination of employment + 6 years |
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, promotion processes, and succession planning and workforce management purposes |
1) Normally, all papers will be deleted after termination of employment + 6 years 2) If it relates to training for work with children or vulnerable adults delete after 25 years |
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 they are entitled |
Normally, all papers will be deleted 3 years after the end of the current tax year. |
Obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that employees are receiving the pay or other benefits to which they are entitled |
All papers will be kept for 40 years from date of last consultation as per Health and Safety Executive website (on record keeping) |
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 organisation 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 |
1) Normally, all papers will be deleted 2 years after the end of the current year. 2) In the case of Paternity and Maternity leave this will be deleted 3 years after current tax year. |
Operate payroll/pension for employees |
As per HMRC rules data should be deleted 5 years after end of current tax year, but HMRC rules also states that question can be raised regarding data going back 25 years. Therefore the Council has made the decision to keep this data indefinitely. |
Ensure effective general HR and business administration |
All papers will be deleted after termination of employment + 6 years |
Provide references on request for current or former employees |
All papers will be deleted after termination of employment + 6 years |
Respond to and defend against legal claims |
All papers will be deleted after termination of employment + 6 years |
Maintain and promote equality in the workplace |
All papers will be deleted after termination of employment + 6 years |
More information on our retention schedule can be provided on request to the Data Protection Officer.
When you provide information to the Council, you will have the following rights:
You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.
The ICO is the UK’s independent body set up to uphold information rights.
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113 Email: casework@ico.org.uk
The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0303 123 1115 Email: Scotland@ico.org.uk