Data Controller: Dudley Metropolitan Borough Council
Data Protection Officer: Lewis Bourne – Data Protection and Information Governance Manager
Dudley MBC (the organisation) 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 organisation collects and processes a range of information about you. This includes:
- your name, address and contact details, including email address and telephone number, date of birth and 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 with the organisation;
- information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
- details of your bank account and national insurance number;
- information about your marital status, next of kin, dependants and emergency contacts;
- information about your nationality and entitlement to work in the UK;
- information about any criminal record applicable to your 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 sabbaticals, 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; and
- details of trade union membership; and
- equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
- Disclosure of information relating to other family members who are employees of Dudley Council
- Disclosure of information relating to any personal interests or relationships of a business or private nature with external contractors, or potential contractors.
The organisation may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or resumes; 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.
In some cases, the organisation may collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers, information from credit reference agencies and information from criminal records checks permitted by law.
Data will be 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 organisation needs to process data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer benefit, pension and insurance entitlements.
In some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee's entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled. For certain positions, it is necessary to carry out criminal record checks to ensure that individuals are permitted to undertake the role in question.
In other cases, the organisation has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the organisation 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 contractual and statutory rights;
- 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, 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 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 employees are receiving the pay or other benefits to which they are entitled;
- 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;
- ensure effective general HR and business administration;
- provide references on request for current or former employees;
- respond to and defend against legal claims; and
- maintain and promote equality in the workplace.
- Assess the suitability of deployment into other areas of the council where the need arises through the analysis of key skills and competencies.
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 health and safety purposes).
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.
We process personal data relating to those we employ to work as, or are otherwise engaged to work as, part of our child and family social care workforce. We do this for employment purposes, to assist in the running of the authority and/or to enable individuals to be paid.
The collection of this information will also benefit both national and local users by:
- improving the management of workforce data across the sector
- enabling development of a comprehensive picture of the workforce and how it is deployed
- informing the development of recruitment and retention policies
- allowing better financial modelling and planning
- enabling monitoring of selected protected characteristics
The personal data includes identifiers such as Name, Date of Birth, HCPC number, Personal characteristics such as gender and ethnic group, qualifications and absence information. We will not share information about you with third parties without your consent unless the law allows or requires us to.
We are required to share some of your personal data with:
- the Department for Education (DfE)
If you require more information about how DfE store and use your personal data please visit: https://www.gov.uk/data-protection-how-we-collect-and-share-research-data
Your information may be shared internally, including with [members of the HR and recruitment team (including payroll), your line manager, managers in the business area in which you work and IT staff if access to the data is necessary for performance of their roles.
The organisation shares your data with third parties in order to obtain pre-employment references from other employers, obtain employment background checks from third-party providers and obtain necessary criminal records checks from the Disclosure and Barring Service.
The organisation also shares your data with third parties that process data on its behalf, in connection with payroll, the provision of benefits, the provision of occupational health services and in the provision of safeguarding i.e. DBS clearances.
The organisation is required by law to protect the public funds it administers. The organisation will check, share and cross match your information both internally within the Council and with external organisations to protect public funds and prevent or detect crime, only where the law allows. The Council's full Privacy and Disclaimer Statement can be accessed on the Council's website at www.dudley.gov.uk
The organisation will not transfer your data to countries outside the European Economic Area.
The organisation takes the security of your data seriously. The organisation has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties. These internal policies and controls are communicated to staff through our online e-policy and e-training system that includes; Data Protection, Information Security, Email and Internet Policy, Appropriate use of global emails and Document Retention. In addition, the organisation has technical network, server and file store security level controls and measures in place, with each system having the appropriate security profiles/Access levels distinctive to roles and responsibilities. The purpose of security roles are to ensure individuals employed by the organisation have access at the relevant level and this is regularly reviewed.
Where the organisation engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
The organisation will hold your personal data for the duration of your employment. The periods for which your data is held after the end of employment are set out in the Corporate Retention Schedule on Connect Please search for Document Retention
If you do not have access to Connect the schedule is available on request to the Information Governance Team.
You have some obligations under your employment contract to provide the organisation with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide the organisation with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.
Certain information, such as contact details, your right to work in the UK and payment details, have to be provided to enable the organisation to enter a contract of employment with you. If you do not provide other information, this will hinder the organisation's ability to administer the rights and obligations arising as a result of the employment relationship efficiently.
Employment decisions are not based solely on automated decision-making
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request;
- require the organisation to change incorrect or incomplete data;
- require the organisation to delete or stop processing your data, for example where the data is no longer necessary for the purposes of the processing; and
- object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for the processing.
- Right to data portability to personal data you have provided to us (only applies to information processed for the performance of the employment contract)
If you would like to exercise any of these rights, please contact:
Lewis Bourne, Data Protection and Information Governance Manager via Email or Tel: 01384815607.
If you believe that the orgainisation has not compiled with your data protection rights, you can complain to the Information Commissioner.
The Information Commissioner may be contacted at:
Information Commissioner's Office
Telephone: 01625 545 700