Please note – This policy is specific to BVSC and may not be applicable to your organisation. This
policy has been provided for your information and guidance only. To our knowledge the contents of
this policy are accurate and up to date. We advise all organisations to seek professional or legal
advice when introducing new policy and procedures to your respective organisation.
DATA PROTECTION POLICY – EMPLOYMENT
This policy addresses the use of personal information that is likely to arise in any
employment relationship. It is the policy of BVSC to keep all employment records
confidential and secure.
PROCEDURE
1.
2.
3.
In accordance with the Data Protection Act 1998 all personal employment data held by
BVSC will be:1.1
fairly and lawfully processed;
1.2
processed for limited purposes and not in any manner incompatible with those
purposes;
1.3
adequate, relevant and not excessive;
1.4
accurate;
1.5
not kept for longer than is necessary;
1.6
processed in accordance with individual's rights;
1.7
secure; and
1.8
not transferred to countries without adequate protection.
Compliance
2.1
BVSC's Data Protection compliance officer is the HR manager/advisor or their
nominated deputy who has overall responsibility for adherence to this policy.
Any queries in relation to data protection should be addressed to the
compliance officer in the first instance.
2.2
Regular reviews will be made by BVSC to ensure that this policy is being
complied with.
2.3
Line Managers who maintain employee records must also comply with this
policy.
Collection of Information
3.1
All staff will be informed about what information will be kept about them and
from where it is obtained (refer to Point 14.3). The information will be used by
BVSC to manage the employment relationship, to abide by employment law
and to provide references (refer to Point 11). It may be disclosed to individual
employees’ line managers and in response to external requests (refer to Point
12). It may also be disclosed to the recognised trade union representative.
Please note – This policy is specific to BVSC and may not be applicable to your organisation. This
policy has been provided for your information and guidance only. To our knowledge the contents of
this policy are accurate and up to date. We advise all organisations to seek professional or legal
advice when introducing new policy and procedures to your respective organisation.
3.2
4.
5.
You are entitled under this policy to request access to the information kept on
you.
Maintaining Records
4.1
It is the duty of both BVSC and the individual employee to make sure that the
information maintained on the employee is accurate.
4.2
The employee is required to notify BVSC immediately about any changes to his
or her personal details including emergency contact details to ensure that the
records are kept up to date.
4.3
Sickness records detailing sickness absence and containing sensitive data on
the employee concerned will be maintained by BVSC to enable it to comply
with the statutory sick pay provisions, BVSC’s discretionary sick pay scheme
and to monitor and manage levels of absence due to sickness or injury.
Equal Opportunities
5.1
BVSC is committed to being an equal opportunity employer and has an Equal
Opportunities Policy. To enable BVSC to promote equality of opportunity, to
abide by its Equal Opportunities Policy and with employment law and to
monitor its progress in this respect, BVSC will request and collect information
about the following:5.1.1
Ethnic origin;
5.1.2
Sex;
5.1.3
Disability;
5.1.4
age;
BVSC may request staff to volunteer other information that may help it to better
understand how it is doing as an equal opportunities employer. In all such
cases it will be made clear to staff why the information is sought and how it will
be used. In such circumstances there will be no compulsion to provide such
information and any data collected will be kept anonymous.
6.
Reviews/Appraisals
6.1
Information obtained by BVSC during any review or appraisal of the employee's
performance will be kept by BVSC in accordance with clause 1 of this policy.
6.2
The information recorded will be limited to that needed to support recent or
future employment decisions.
6.3
The record will identify the source of any comment made during the appraisal
process and BVSC will ensure that opinions are not presented as facts, that
information recorded is correct and not misleading and that if the employee has
challenged the accuracy that this is recorded.
Please note – This policy is specific to BVSC and may not be applicable to your organisation. This
policy has been provided for your information and guidance only. To our knowledge the contents of
this policy are accurate and up to date. We advise all organisations to seek professional or legal
advice when introducing new policy and procedures to your respective organisation.
7.
8.
9.
Fraud Prevention and Detection
7.1
Payroll information [and other information] may be used by BVSC in order to
prevent or detect fraud.
7.2
Such information will not be disclosed to other organisations, for example the
Department of Society Security, for the prevention or detection of fraud unless:7.2.1
The employee has given their consent; or
7.2.2
BVSC is required by law to make the disclosure; or
7.2.3
In the circumstances of a particular request from an organisation
BVSC is satisfied that if it failed to disclose the data, the prevention or
detection of crime is likely to be prejudiced.
Financial Control
8.1
BVSC may use data matching processes to identify employees, who are
indebted to BVSC, for example, in respect of payment for BVSC’s products for
example, in respect of payment for BVSC’s products or services the employee
has used as a customer.
8.2
Pursuant to the clause headed "Deductions" in the employee's contract of
employment, BVSC is entitled to check that employees are not accruing
significant debts to BVSC.
8.3
If BVSC has a legally enforceable debt against an employee, it may use
personal data on the employee to recover the monies owed.
International Management
9.1
BVSC appreciates that there may be a risk to an employee if personal data is
passed to countries that have either no data protection laws or significantly less
protection than that afforded to individuals in the European Union.
9.2
BVSC will not transfer employee data to countries outside the European Union
unless:9.2.1
the destination country has been designated as providing adequate
protection by the European Commission; or
9.2.2
the destination country is the USA and the recipient has signed up to
the "safe harbour" principles; or
9.2.3
the employee concerned has been told about the intended transfer
and has agreed to it; or
9.2.4
the transfer is to an organisation that acts only as a processor, the
processor is reliable, the country in which it is located is stable and the
required controller – processor contract is in place; or
9.2.5
steps have been taken to ensure that taking account of all the
circumstances of the transfer and the Data Protection Commissioner's
Please note – This policy is specific to BVSC and may not be applicable to your organisation. This
policy has been provided for your information and guidance only. To our knowledge the contents of
this policy are accurate and up to date. We advise all organisations to seek professional or legal
advice when introducing new policy and procedures to your respective organisation.
guidance on international transfers adequate protection is provided in
other ways.
9.3
10.
11.
12.
All employees will be notified of any transfer of their personal data outside the
European Union.
Access and Disclosure
10.1
Employees and former employees have the right to request in writing
information kept by BVSC about him or her. Although every effort will be made
to provide the information free on request, we may charge a nominal fee to
cover administration costs. BVSC may also require further information from the
individual to help it locate the records.
10.2
Information kept for management planning or forecasting can be withheld
where, in the opinion of BVSC, supplying it would prejudice the business of
BVSC.
10.3
Any information requested under this section will be supplied as soon as it is
reasonably practicable to do so and at the latest within 40 days of the request
being received by BVSC.
10.4
When responding to a request BVSC will notify the employee whether it keeps
any personal information about him or her and if so, the type of information
kept, the purposes it is used for and the types of organisations it is passed on
to.
10.5
BVSC will show the employee all the information kept on him/her. This will be
provided in a hard copy. BVSC will also provide the employee with any
additional information BVSC keeps on him or her and an indication of the
source of this information.
10.6
Any references to third parties contained in the information shall be deleted by
BVSC. If the information cannot be modified in this way and it will enable the
employee to identify the third party BVSC can decide whether it is reasonable
to release it.
References
11.1
Although there is no obligation under the Data Protection laws for BVSC to
provide employees or former employees access to a confidential reference
provided by BVSC it will be normal practice to endeavour to do so.
11.2
If BVSC is the recipient of a reference the potential employee concerned is
entitled to request access to the reference, however, BVSC is entitled to take
steps to protect the identity of third parties such as the author of the reference.
External Disclosure Requests
12.1
BVSC may be requested by a third party to supply information about an
employee. BVSC is cautious in its response to such requests.
12.2
If an employee is on the receiving end of a request for information about
employees, a disclosure of the information sought or any other information
Please note – This policy is specific to BVSC and may not be applicable to your organisation. This
policy has been provided for your information and guidance only. To our knowledge the contents of
this policy are accurate and up to date. We advise all organisations to seek professional or legal
advice when introducing new policy and procedures to your respective organisation.
must not be made. The request should be referred directly to the HR Advisor
immediately. This is the policy for all external requests even if they purport to
be from a Government body, for example, the Inland Revenue. Those seeking
information may be using deception to gain access to information to which they
are not entitled.
13.
12.3
Employees who have authority to respond to external requests for information
must establish the identity of the person making a request for disclosure before
responding. Where practicable the request should be obtained in writing.
Particular care should be taken with telephone requests, for example, by calling
back to a known number.
12.4
Where those requesting information maintain the employer is under a legal
duty to respond, the employee must ensure the request is received in writing
detailing the basis on which it is asserted there is a legal duty. The employee
dealing with the request should then check that this assertion is valid.
12.5
Where there is no duty on BVSC to disclose, BVSC may still respond to a
request for information if it is satisfied that in all the circumstances it is fair to do
so.
12.6
Employees will be notified by BVSC at the time a non-routine disclosure is to
be made unless BVSC is prevented by law from doing so. A copy of the
information disclosed will be supplied to the employee concerned.
12.7
A record will be maintained by BVSC of all non-routine disclosures recording
the person who made the disclosure, the person who authorised it, the person
requesting the disclosure, the reasons, the information disclosed and the date
and time. All such disclosures must be reported to the Compliance Officer who
will maintain the record.
12.8
It is a criminal offence for an employee to knowingly or recklessly disclose
information about employees without BVSC's consent. It will also be classified
as misconduct in accordance with BVSC's Disciplinary Procedure.
12.9
If to BVSC's knowledge the security or confidentiality of an employee's records
have been significantly prejudiced because they have been disclosed
knowingly or recklessly without BVSC's consent and there is a reasonable
prospect of obtaining evidence as to who was responsible the matter may be
reported to the Data Protection Commissioner.
Dismissal
13.1
14.
When employment is terminated BVSC will record the basis of the termination
and ensure that this is accurately recorded.
Retention of Records on Current and Former Employees
14.1
BVSC will retain certain categories of information on both current and former
employees in accordance with set retention periods.
14.2
The records will be assessed on a yearly basis to ensure records are not kept
beyond the set periods. Records may be kept beyond the set periods where
doing so is justified for business reasons.
Please note – This policy is specific to BVSC and may not be applicable to your organisation. This
policy has been provided for your information and guidance only. To our knowledge the contents of
this policy are accurate and up to date. We advise all organisations to seek professional or legal
advice when introducing new policy and procedures to your respective organisation.
14.3
In the absence of a specific instance of justification for business reasons the
following records will be retained as indicated:-
Application form and interview notes for unsuccessful
candidates
1 year
Personnel files and training records (including disciplinary
records)
6 years after employment
ceases
Parental leave
5 years from the
birth/adoption of the child or
18 years if the child receives
a disability allowance
Trade union agreements
10 years after ceasing to be
effective
Consultation and Negotiation Forum minutes
Permanently
Income tax and NI returns, income tax records and
correspondence with the Inland Revenue
Not less than 3 years after
then end of the financial
year to which they relate
Statutory Maternity Pay records, calculations, certificates or
other medical evidence
3 years after the end of the
tax year in which the
maternity period ends
Statutory Sick Pay records, calculations, certificates, selfcertificates
3 years after the end of the
tax year to which they relate
Salary records (also overtime, bonus, expenses)
6 years
Redundancy details, calculations of payments, refunds,
notifications to the Secretary of State
6 years from the date of
redundancy
Accident books, accident records/reports
3 years
Assessments under Health and Safety Regulations and
records of consultations with safety representatives and
committees
permanently