Privacy notice relating to the processing of personal data by Rhondda Cynon Taf County Borough Council for Workforce Administration.
Introduction
This privacy notice is intended to provide information about how Rhondda Cynon Taf County Borough Council (referred to as ‘RCTCBC’, ‘Council’, ‘Local Authority’, ‘we’) will use (or ‘process’) personal data about individuals for the purpose of Workforce Administration.
This notice should be read in conjunction with all Employee policies and procedures which can be found here.
About the Policies and Procedures
This Privacy Notice is intended to provide information about how Rhondda Cynon Taf County Borough (the organisation) uses the data of its workforce, which includes employees, workers and volunteers. There are a number of policies in place that help to manage workers employment contracts. Employees data is processed in order to ensure the policies are being followed.
This privacy notice is related to how the council use personal data for workforce administration purposes.
The Data Controller
The Council is the data controller for the personal data processed for the purposes of Workforce Administration.
The Council is registered with the Information Commissioner’s Office (ICO) as a controller under reference Z4870100.
The Data Protection Officer
The Councils Data Protection Officer (DPO) can be contacted in relation to data protection matters.
Should you have the need to contact the Data Protection Officer directly you can do so via email at Information.management@rctcbc.gov.uk.
Queries relating to this privacy notice
If you have any questions or queries relating to this privacy notice please contact the Human Resources:
By email : recruitment@rctcbc.gov.uk
By telephone : 01443 444533
Whose personal data we process
We will process personal data of all current and former employees, workers and volunteers.
The categories of personal data we process
We may process the following categories of personal data for Workforce Administration;
- Personal details e.g. name, address, date of birth
- Contact details e.g. email address and telephone number
- National Insurance Number
- 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 within the organisation
- Information about your remuneration, including entitlement to benefits such as pensions
- Information about your expenses and allowances
- Pay information to include gross (before deductions) and net (after deductions) figures
- Historical pay and hours information, used for Pension purposes (in order to resolve queries from the Pension Section who calculate your pension benefits)
- Deduction from pay and ‘payments over’ of Council Tax, Prudential Additional Voluntary Contributions (AVC’s) and various membership fees, i.e. Trade Unions, Welsh Hospitals and various charity organisations (under Give as you earn arrangements), if paying through your salary
- Details of any attachment or earnings (Court orders) you may have
- Salary sacrifice deductions from pay and submission of the P11D to HMRC at year end to report on any taxable benefits
- Your bank or building society account
- Information about your marital status, next of kin, dependents and emergency contacts
- Information about your nationality and entitlement to work in the UK
- Information about your criminal record, if it is essential to your job role
- 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 the reasons for the leave
- 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, performance improvement plans and related correspondence
- Information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments
- Employee Location data via GPS
- Biometric Data
Equal opportunities monitoring information including information about your ethnic origin, sexual orientation and religion or belief.
Why we process the personal data
The personal data is processed in order for the Council 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 and worker contractual and statutory rights
- To pay your salary and any additional payments you may be owed each month
- To pay your Employment taxes over to HMRC
- Be satisfied as far as we can be of your suitability to be employed in the role you are contracted to work
- Operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace
- Operate and keep a record of employee and worker performance and related processes, for example training and development, plans 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 and workers are receiving the pay or other benefits to which they are entitled
- 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 the employee and worker are receiving the pay or other benefits to which they are entitled
- If requested, support you through Staff Support/Engagement groups/forums
- Ensure effective general HR and business administration
- Provide references on request for current or former employees and workers
- Respond to and defend against legal claims
- To provide the Pension section with pay and hours information for the production of an annual Benefits Statement
- For statistical and financial modelling.
Some special categories of personal data, such as information about ethnic origin, sexual orientation or religion or belief are processed for the purposes of equal opportunities monitoring. This is to carry out its obligations and exercise specific rights in relation to employment. Data that the organisation uses for these purposes is anonymised and employees and workers choose whether to disclose this information. They can also request that the organisation does not process this data for equal opportunities monitoring at any time. Employees and workers are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.
Non-ICT Users (staff without access to a RCT email address)
In order to provide non-ICT users with staff updates/ staff benefit news etc. we will send information to the email address that was provided by the staff member at application stage.
Employee Tracking Data
- Employee Location data (via GPS) – Employee location data is only collected for purposes relating to the employees role.
- Biometric Data - Data is used for access to devices/ apps for work purposes only.
The purpose of employee tracking will depend on the role. Managers/ supervisors will ensure employees are aware of the nature, extent and reasons for tracking.
Our lawful basis for processing the personal data
Under the General Data Protection Regulation (GDPR), our lawful bases for processing the personal data for workforce administration are;
- Contract (b) - processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
- Legal Obligation (c) – processing is necessary for compliance with a legal obligation to which the controller is subject.
- Public Task - Article 6 (e) – 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.
- Employment, social security and social protection law – Article 9 (b) - processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by domestic law or a collective agreement pursuant to domestic law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
Who or where we get the personal data from
The Council may collect this information in a variety of ways. For example, information may be collected directly from you, e.g.
- Through application forms, CVs or other resumes
- 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 information from your application form
- From correspondence with you
- Through interviews, meetings or other assessments, for example supervisions, performance reviews and appraisals and return to work interviews
- From the information you provide to us yourself through the staff portal
- From information you may disclose as part of your engagement with Staff Support/Engagement groups/forums
In some cases, the organisation may collect personal data about you from third parties, such as references supplied by former employers or tutors, information from a Regulator or court case outside of work and social media, information from employment background checks providers which include but are not limited to regulatory bodies, information from credit reference agencies and information from criminal records checks permitted by law.
For some roles, data is collected via tracking devices (GPS, facial recognition, fingerprint scanning etc.)
Who we share personal data with
We may share the personal data with the following key organisations for Workforce Administration;
When sharing the personal data, we only share the minimum amount necessary in relation to the purpose.
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Who
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Purpose
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Other Council departments:
- Human Resources
- Equality & Diversity Team
- Payroll
- Pensions
- ICT
- Occupational Health
- Relevant employee appeal panel
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To manage the employment relationship between the Council and its Employees.
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Public Services/ regulatory bodies:
- DWP
- Social Care Wales
- Education Workforce Council
- Swim Wales
- Royal Life Saving Society UK
- Disclosure and Barring Service
- Other Local Authorities
- Police
- Local Health Board e.g. GPs, Consultants
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In order to follow certain procedures (i.e Disciplinary etc.) and to adhere to certain policies, information will be shared with relevant bodies.
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Third Party Organisations/ Individuals:
- Credit Reference Agencies
- Training Providers
- Tutors
- Accrediting bodies for individual qualifications and service standards
- Training and development organisations
- Trade Unions
- Schools
- Solicitors (Eversheds)
- Independent Registered Medical Practitioner (IRMP)
- Prudential
- Welsh Hospitals
- Former Employees
- Prospective employers
- Organisations such as Coleg y Cymoedd and consultants such as Saville Consulting for development, psychometric and aptitude testing
- Organisations who can assist with workplace adjustment and assessment for example display screen equipment assessments
- Printing services for the purpose of sending payroll mail, e.g. MPS
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In order to follow certain procedures (i.e Disciplinary etc.), to comply with relevant legislation and to adhere to certain policies, information will be shared with relevant bodies.
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Data Processors
A data processor is a company or organisation that processes personal data on our behalf. Our data processors act only upon our instruction. They cannot do anything with the personal data unless we instruct them to do so. They will not share the personal data with any organisation apart from us or use it for their own purposes. They will hold it securely and retain it for the period we instruct.
The categories of data processors we use for the purpose of Workforce Administration are;
- IT system suppliers
- iTrent
- Capita Resourcing Ltd
- RCT Source
How long we retain the personal data
We retain the personal data relating to workforce administration for:
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Length of time
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Reason
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Length of Employment +6 Years
(Except records relating to staff who have worked with children and vulnerable adults where retention period is length of employment +25 years)
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Statutory requirement as set out in:
- Limitation Act 1980
- Asylum and Immigration Act 1996
- Transfer of Undertakings (Protection of Employment) Regulations 2006. SI 2006 No 246
- General Disposal Guidelines for Local Authorities 2002
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In keeping with the General Data Protection Regulation storage limitation principle, records are periodically reviewed. Not all personal data is retained. Only personal data that is relevant to the record is retained for the entire retention period (e.g. documents that contain assessments, decisions, outcomes etc.). Information that has no long term or evidential value is routinely destroyed in the normal course of business.
Your data protection rights
The General Data Protection Regulation (GDPR) gives individuals important rights, including the right of access to the personal data that the Council holds about you.
Click here for further information on your information rights and how to exercise them.
Your right to make a data protection complaint to the Council
You have the right to complain to the Council if you believe we have not handled your personal data responsibly and in line with good practice.
You can do this by contacting Human Resources directly via one of the following communication methods. Most concerns can be resolved relatively quickly through a simple phone call or email;
- Email : recruitment@rctcbc.gov.uk
- Telephone : 01443 444533
Alternatively, you can raise a formal complaint via the Council’s Customer Feedback Scheme using the following link (Make a comment, compliment or complaint online) or you can contact the Council’s Data Protection Officer at Information.management@rctcbc.gov.uk.
Your right to make a data protection complaint to the ICO
You also have the right to complain to the ICO if you are unhappy with how we have used your data. However, we encourage you to contact us first and provide us with an opportunity to look into your concern and put things right.
The ICO can be contacted:
- Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
- Helpline number: 0303 123 1113
- Website: https://www.ico.org.uk