Privacy Policy

Introduction 

We are committed to ensuring that any personal data we hold about you is protected in accordance with data protection laws and is used in line with your expectations.

This privacy notice explains what personal data we collect, why we collect it, how we use it and how we protect it.

What personal data do we collect? 

We collect personal data about you to manage the employment relationship you have with us. Personal details that we collect about you includes:

your name, address, date of birth, gender, telephone number, emergency contact details

your marital status and dependants

work and employer history, qualifications and training

your membership of any professional bodies

your bank account details, National Insurance number, and tax code

information on health and medical conditions

your right to work in the UK

your criminal record

your work pattern and periods of leave

concerns, complaints (only if applicable)

performance related data

informal and formal action taken, warnings and related correspondence (only if applicable)

We collect this information from your application form/CV, starter forms, copies of documents you provide, during meetings held with you and through other correspondence (if relevant). We may also collect information from third parties, references from previous employers and criminal record checks from the DBS.

Why we collect this information and the legal basis for handling your data 

We use personal data about you in order to fulfil the employment contract you have entered into. This includes using your data to:

fulfil the terms of our employment relationship with you

pay your salary

We also process your personal data in line with our legitimate interest for the following reasons:

maintain accurate records, including emergency contact details

to implement our employment policies and procedures and keep appropriate records

to keep record of absences

to ensure effective management of employee related issues

planning, management and forecasting regarding the setting

We also process certain categories of data to comply with legal obligations. This includes:

information on health and medical conditions

information relating to criminal records

certain types of leave for example sickness, maternity, paternity, etc., and to make appropriate payments

With your consent we may wish to take photographs of you to promote the setting. If this is the case we will ask for your consent in writing and provide further details. You will also have the right to withdraw your consent at any time.

Who we share your data with 

In order for us to fulfil the terms and conditions of our employment relationship and to meet our legal obligations we will also share your data as required with the following categories of recipients:

Ofsted as part of the recruitment and inspection process

the Disclosure and Barring Service (DBS) to establish suitability for employment in the setting

an umbrella body that is able to process DBS applications on my/our behalf

with our payroll processor, in order to pay your salary

HMRC for taxation purposes

banking services to pay your salary

to comply with automatic enrolment pension obligations

our insurance underwriter, if you have an accident at work

with parents and service users so that they have an understanding of your qualifications and experience

We will also share your data if:

We are legally required to do so, for example, by law, by a court or the Charity Commission

to enforce or apply the terms and conditions of your contract with us

to protect a child or children, for example by sharing information with the Local Authority Designated Officer, social care or the police

it is necessary to protect our or others rights, property or safety

with our legal advisor where it is necessary to apply the terms and conditions of your employment contract or where there is a dispute

We transfer the management of the setting, in which case we may disclose your personal data to the prospective buyer so they may continue the service in the same way

We will never share your data with any other organisation to use for their own purposes.

How do we protect your data? 

We protect unauthorised access to your personal data and prevent it from being lost, accidentally destroyed, misused, or disclosed.

How long do we retain your data? 

We retain your personal data as follows:

records – 6 years after employment ceases

wages/salary records (including overtime, bonuses, expenses) – 6 years

statutory Maternity Pay (SMP) records – 3 years after the end of the tax year in which the maternity period ends

Income Tax and National Insurance returns/records – at least 3 years after the end of the tax year to which they relate

staff accident records and reportable health and safety incidents – 3 years after the date of the last entry

accident/medical records as specified by the Control of Substances Hazardous to Health regulations (COSHH) 2002 – 40 years from the date of the last entry

Automated decision-making 

We do not make any decisions about you based solely on automated decision-making.

Your rights with respect to your data 

You have the right to:

request access, amend or correct your personal data

request that we delete or stop processing your personal data, for example where the data is no longer necessary for the purposes of processing

request that we transfer your personal data to another person

If you wish to exercise any of these rights at any time or if you have any questions, comments or concerns about this privacy notice, or how we handle your data please contact us. If you continue to have concerns about the way your data is handled and remain dissatisfied after raising your concern with us, you have the right to complain to the Information Commissioner Office (ICO). The ICO can be contacted at Information

Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or ico.org.uk/

Changes to this notice 

We keep this notice under regular review. You will be notified of any changes where appropriate.