Human Resources Privacy Notice

Gladstones processes and holds both personal data and special category personal data (also known as sensitive data) for current, previous and prospective employees, under the General Data Protection Regulations (GDPR) and the Data Protection Act 2018.

Personal Data

Personal data is data/information relating to an individual, who can be identified from that data/information. For example; name, address, date of birth.

Special Category Personal Data

Special Category Personal data, also known as sensitive data, relates to;

• Racial or ethnic origin
• Political opinions
• Religious or philosophical beliefs
• Trade union membership
• Genetic data
• Biometric data
• Data concerning health
• Data concerning sex life or sexual orientation
• Criminal convictions

We process and hold personal information for a number of purposes, namely:

• Compliance with legal obligations
  • Such as processing payroll & administering the workplace pension
• For the performance of a contract (employment contract)
  • Managing Human Resources processes such as:
    • Recruitment
    • Payment of salaries and pension
    • Monitoring performance, together with training and development
    • Welfare and wellbeing
    • Detection and prevention of crime (CCTV)
    • Maintaining contact with current, past and potential employees

Gladstones processes and holds special category information for a number of purposes, namely:

• Compliance with legal obligations
  • Such as making statutory filings with Government Bodies, i.e. HMRC/Pension Regulator
• For the performance of a contract (employment contract)
  • Managing Human Resources processes such as:
    • Recruitment
    • Welfare and wellbeing
    • Managing safe working environments
    • Managing obligations under the Equality & Diversity Act
    • Managing absence, including sickness, maternity & paternity
    • Managing obligations for regulatory requirements, such as Money Laundering and Criminal Finances

Gladstones, will at times, share your personal data with third parties, who work on behalf of the firm, for example; payroll services, accountant, pension provider, insurer, on the basis of legal compliance and for the performance of a contract (employment contract).

In addition, there will be the disclosure of your data, if Gladstones are subject to a Government or Regulatory Audit, for example from HM Revenue & Customs or the Solicitors Regulation Authority, in accordance with our Legal and Regulatory Obligations.

During the recruitment process, when a conditional offer of employment has been made to you, following your declaration to allow a Disclosure and Barring Service check to be made, and having provided the relevant identification documents, we will provide the relevant data to the third party to fulfil the obligations of carrying out that check. This check will reveal any unspent criminal convictions. This data is processed in accorance with our legal obligations and compliance.

When a conditional offer is made, we will contact your nominated referees, with the information provided to us within your application, to obtain the necessary references.

Where, during your course of employment, a placement or secondment is to take place, we will share the relevant data with the relevant third party in order to facilitate that placement or secondment under the performance of your contract of employment.

We, will at times, also share your special category data, during the course of employment, but only when one of the following is met;

• The processing is necessary to protect your vital interests or another’s vital interests; for example a medical emergency
• The processing is necessary for the detection/prevention of crime or the information has been requested by law enforcement
• A Court Order is served
• The processing is necessary to meet a legal/regulatory obligation

When advertising for a current vacancy, if you have registered with a Recruitment Agency or Apprenticeship provider, your data will be provided to us, if that Agency deem you appropriate to be considered for the vacancy.

When advertising for vacancies we have the ability, through employment websites to access your information, when entering key criteria by us. Your information collected by such websites, will be in accordance with their Privacy Notice’s. The current websites we use are Monster and Reed. We encourage you to consider the Privacy Notice’s referred to.

For the purposes of Legal and Regulatory obligations, we retain your data for a 6 year period following the conclusion of your employment with the firm. This includes all data obtained during the course of your employment.

With regards to unsuccessful candidates, for legal and regulatory obligations, we retain your data for a period of 6 months from the date of your application to the firm. This includes all data obtained during the assessment process, including notes from interview.

All data subjects, with regards to personal data have the following rights;

• The right to information and access to personal data
• The right to rectification
• The right to erasure also known as “the right to be forgotten”
• The right to the restriction of processing
• The right to data portability

Any request for access to personal information we are processing should be made to our Data Protection Officer John Davies, whose contact details are;

Gladstones Solicitors Limited
Unit B, 1st Floor, 210 Cygnet Court
Centre Park
Warrington
WA1 1PP
dataprotectionofficer@gladstonessolicitors.co.uk

We will provide this information to you promptly, and within one month from the date of request, and there is no charge for providing this information.

Any request to rectify inaccurate or incomplete data we hold is to be made to the firm’s Data Protection Officer.

We will inform you within one month of any rectification made, or any objection to the request. If rectification is made, we will always inform any third parties of that rectification.

When the accuracy of information is contested, you have the right to restrict the processing of your information whilst we verify whether the information is accurate.

Any request to have your information erased is to be made to the firm’s Data Protection Officer.

Please be aware of the basis we process your personal information; namely for the performance of a contract and in accordance with our legal and regulatory obligations, which can result in an exemption where the processing of information is necessary.

Any request to have your information to receive your information to re-use it for another third party, is to be made to the firm’s Data Protection Officer.

We will provide this information (information that has been received from you) in a commonly used format, promptly, and within one month from the date of request, and there is no charge for providing this information. We will also confirm if we are not complying with any request within one month.

It is important that we are provided with the necessary data for the performance of any contract with the firm. Failing to provide the data we require, will result in that contract becoming frustrated.

Gladstones safeguards your personal and/or special category data, in a number of ways, namely;

• Access Controls
• Encryption
• Password protection
• Electronic controls
• Managerial procedures

All data will be held securely and not sold to any third parties, nor will any data be transferred outside of the European Economic Area.

Any compliant regarding the processing/retention of your personal and/or special category data should be made, in the first instance, to the firm’s Data Protection Officer; John Davies; dataprotectionofficer@gladstonessolicitors.co.uk.

Should you wish to make any complaint regarding the processing of your personal and/or special category data, you can make a complaint to the Supervisory Authority; the Information Commissioner’s Office (ICO). The ICO can be contacted via their website; www.ico.org.uk.

We keep our privacy notice under regular review.

This notice is version 1 and last updated on 2nd May 2018.