Employee Privacy Notice

Some of your personal data is required to enable you to enter into a contract with the Trust as Applicants, Employees (And Former Employees), Workers (Including Agency, Casual and Contracted Staff), Volunteers, Trainees And Those Carrying Out Work Experience.

Under UK GDPR you are obliged to give a minimum set of data necessary to fulfil the employment contract. You may be asked for additional information but it will be made clear to you if you are not obliged to give it. Refusal to give this minimum information may affect the contract you want to enter into.

Who we are

Birmingham Children’s Trust is the Data Controller for the information held about you for this purpose/these purposes.

Contact Details

Birmingham Children Trust
Information Assurance Team,
PO Box 17363,
B2 2EL
Telephone 0121 569 2200.

If you want to see a copy of information about you that we hold, please contact the Birmingham Children’s Trust HR Team by email:  askhr@birminghamchildrenstrust.co.uk

The Data Protection Officer can be contacted at the above address and through email at dpo@birminghamchildrenstrust.co.uk.

Why do we collect your information?

During the course of its employment activities, the Trust collects, stores and processes personal information about prospective, current and former staff and volunteers.

We recognise the need to treat staff and volunteers’ personal and sensitive data in a fair and lawful manner. No personal information held by us will be processed unless the requirements for fair and lawful processing can be met.

Depending on the processing activity, we rely on the following lawful basis for processing your personal data under the UK GDPR:

  • Article 6(1)(b) which relates to processing necessary for the performance of a contract.
  • Article 6(1)(c) so we can comply with our legal obligations as your employer.
  • Article 6(1)(d) in order to protect your vital interests or those of another person.
  • Article 6(1)(e) for the performance of our public task.
  • Article 6(1)(f) for the purposes of our legitimate interest.

Where the information we process is special category data, for example your health data, the additional bases for processing that we rely on are:

  • Article 9(2)(b) which relates to carrying out our obligations and exercising our rights in employment and the safeguarding of your fundamental rights.
  • Article 9(2)(c) to protect your vital interests or those of another person where you are incapable of giving your consent.
  • Article 9(2)(h) for the purposes of preventative or occupational medicine and assessing your working capacity as an employee.
  • Article 9(2)(f) for the establishment, exercise or defence of legal claims.
  • Article 9(2)(j) for archiving purposes in the public interest.

We process information about staff criminal convictions and offences. The lawful basis we rely to process this data are:

  • Article 6(1)(e) for the performance of our public task. In addition we rely on the processing condition at Schedule 1 part 2 paragraph 6(2)(a).
  • Article 6(1)(b) for the performance of a contract. In addition we rely on the processing condition at Schedule 1 part 1 paragraph 1.

What information do we collect and record?

In order to carry out our activities and obligations as an employer we handle data in relation to employment:

  • Personal contact details such as your name, address, contact telephone numbers (landline and mobile) and personal email addresses
  • Your date of birth, gender and NI number
  • Contact details such as names, addresses, telephone numbers and Emergency contact(s)
  • Employment records (including professional membership, references and proof of eligibility to work in the UK and security checks)
  • A copy of your passport or similar photographic identification and / or proof of address documents
  • Location of employment
  • Medical information including physical health or mental condition (occupational health information)
  • Details of any secondary employment, political declarations, conflict of interest declarations or gift declarations.
  • Information relating to health and safety
  • Trade union membership
  • Offences (including alleged offences), criminal proceedings, outcomes and sentences you have declared to us
  • Employment Tribunal applications, complaints, accidents, and incident details
  • Your responses to staff surveys if this data is not anonymised.

Information related to your salary, pension and loans

We process this information for the payment of your salary, pension and other employment related benefits. We also process it for the administration of statutory and contractual leave entitlements such as holiday or maternity leave.

  • Information about your job role and your employment contract including; your start and leave dates, salary (including grade and salary band), any changes to your employment contract, working pattern (including any requests for flexible working).
  • Details of your time spent working and any overtime, expenses or other payments claimed, including details of any loans such as for travel season tickets.
  • Details of any leave including sick leave, holidays, special leave etc.
  • Pension details including membership of both state and occupational pension schemes (current and previous).
  • Your bank account details, payroll records and tax status information.
  • Trade Union membership for the purpose of the deduction of subscriptions directly from salary.
  • Details relating to Maternity, Paternity, Shared Parental and Adoption leave and pay. This includes forms applying for the relevant leave, copies of MATB1 forms/matching certificates and any other relevant documentation relating to the nature of the leave you will be taking

Information relating to your performance and training

We use this information to assess your performance, to conduct pay and grading reviews and to deal with any employer / employee related disputes. We also use it to meet the training and development needs required for your role.

  • Information relating to your performance at work eg probation reviews, appraisals, promotions.
  • Grievance and dignity at work matters and investigations to which you may be a party or witness.
  • Disciplinary records and documentation related to any investigations, hearings and warnings/penalties issued.
  • Whistleblowing concerns raised by you, or to which you may be a party or witness.
  • Information related to your training history and development needs.

Information relating to monitoring

We use this information to assess your compliance with corporate policies and procedures and to ensure the security of our premises, IT systems and employees.

  • Information about your access to data held by us for the purposes of criminal enforcement if you are involved with this work.
  • Information derived from monitoring the Trusts Acceptable Use Policy. (AUP)

We are committed to respecting individual users’ reasonable expectations of privacy concerning the use of our ICT systems and equipment. However, we reserve the right to log and monitor such use in line with our Acceptable Use Policy.

Any targeted monitoring of staff will take place within the context of our disciplinary procedures.

Information relating to your health and wellbeing and other special category data

We use the following information to comply with our legal obligations and for equal opportunities monitoring. We also use it to ensure the health, safety and wellbeing of our employees.

  • Health and wellbeing information either declared by you or obtained from health checks, eye examinations, occupational health referrals and reports, sick leave forms, health management questionnaires or fit notes i.e. Statement of Fitness for Work from your GP or hospital.
  • Accident records if you have an accident at work.
  • Details of any desk audits, access needs or reasonable adjustments.
  • Information you have provided regarding Protected Characteristics as defined by the Equality Act for the purpose of equal opportunities monitoring. This includes racial or ethnic origin, religious beliefs, disability status, and gender identification and may be extended to include other protected characteristics

This list is not exhaustive, but is indicative of the types of information recorded. Our staff are trained to handle your information correctly and protect your confidentiality and privacy.

We aim to maintain high standards, adopt best practice for our record keeping and regularly check and report on how we are doing. Your information is never collected or sold for direct marketing purposes.

Where do we receive information about you from?

Most of the information the Trust collects about you is received directly from you, generally via application forms or where you have notified changes to your personal information either in writing or electronically, when you have made amendments via Employee Portal – Oracle 1B please.

You can check and ensure that your information is kept up to date by viewing the information we hold on the HR System via your online access to Oracle 1B please.

However, we do receive some information about you from other sources too, for example:

  • when we undertake DBS or reference checks as part of the recruitment process
  • employment agency
  • where you may apply for childcare vouchers;
  • or where we receive information from courts, where a County Court Judgement may have been made
  • occupational health and other health providers
  • From Pension administrators and other government departments,
  • for example tax details from HMRC.
  • From your Trade Union.
  • From providers of staff benefits

Who we share information with?

There are several reasons why we share information. This can be due to:

  • Our obligations to comply with legislation
  • Our duty to comply with any Court Orders which may be imposed

Any disclosures of personal data are always made on case-by-case basis, using the minimum personal data necessary for the specific purpose and circumstances and with the appropriate security controls in place. Information is only shared with those agencies and bodies who have a "need to know" or where you have consented to the disclosure of your personal data to such persons.

Disclosures under the Freedom of Information Act

As a public authority we receive information requests under the Freedom of Information Act (2000) about our staff and we must consider whether to disclose staff information (including agency and temporary staff) in response to these requests.

We will normally disclose work-related information about staff in a public facing role. We may also disclose information about staff members whose work is purely administrative if their names are routinely sent out externally.

It is less likely that information about those who do not deal directly with the public in an operational capacity will be disclosed. The Executive Team and the Senior Leadership Team will have more information disclosed about them, such as photographs and biographical detail, due to their position at the Trust.

We will consider withholding information if we think that it will prejudice the rights and safety of our staff, irrespective of grade or position.

The type of information you can expect we will disclose is as follows:

  • Name and work contact details.
  • Pay bands (not your exact salary).
  • How long you have worked at the Trust, your current role, any previous roles or secondments and what your role involves.
  • Your position in the organisation structure
  • Business related entries in your diary/calendar.
  • Summaries of expense claims without details of where you stayed, where you ate or your itinerary.
  • Any work related training at the Trust.
  • Any work related opinions, for example case notes containing your opinion about an assessment or a report

The list above does not include every area where we might disclose information about you. The type of information provided will only concern your professional life at the Trust. We will not disclose non-work related personal or special category data.

When we are asked to disclose diary or calendar information due consideration will be given to the safety of our staff. Where this information is requested outside of an FOI request our staff are advised to consult with their manager before sharing information about a staff member, especially when it concerns locational information.

We will consult with you prior to deciding whether to disclose any information that we consider would not be within your reasonable expectations. Before you begin working at the Trust, contact HR if you need to make us aware of a specific reason why your information cannot be provided as part of a disclosure. At any later point, if you have any concerns about information being released you need to inform us of this fact.

Requests for references

If you leave, or are thinking of leaving, we may be asked by your new or prospective employers to provide a reference. For example we may be asked to confirm the dates of your employment or your job role. If you are still employed by us at the time the request for a reference is received we will discuss this with you before providing this.

Some organisations we share the data with:

  • Department for Education
    The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about our workforce with the Department for Education (DfE) for the purpose of those data collections.
  • Children’s social worker workforce census
    We are required to pass information about our child and family social work workforce employees to the Department for Education (DfE) through regulations under Section 83 of the Children Act 1989.
    All data is transferred securely and held by DfE under a combination of software and hardware controls which meet the current government security policy framework. For more information, please see ‘How Government uses your data’ section.

Use of Third Party Companies

To enable effective staff administration, the Trust may share your information with external companies to process your data on our behalf in order to comply with our obligations as an employer, for example in relation to your learning, assessment or certification.

Prevention and Detection of Crime and Fraud

We may use the information we hold about you to detect and prevent crime or fraud. We may also share this information with other bodies that inspect and manage public funds.

We will not routinely disclose any information about you without your express permission. However, there are circumstances where we must or can share information about you owing to a legal/statutory obligation.

International Transfers

The Trust does not routinely transfer your information outside of the European Economic Area (EEA). This ensures that your data protection rights are protected through laws standardised across the Area. If a need does arise, the Trust will ensure that the transfer of personal data is protected by appropriate safeguards, including the use of model data protection clauses adopted by the relevant authority where the data protection authority does not believe that the country has adequate data protection laws.

Retention period or criteria applied for retention

Your information is kept in accordance with the Trust Retention Schedule. 

Your Rights

You are entitled to know what personal data Birmingham Children’s Trust is processing about you. If you want to obtain the data, or if you want to exercise any of your other rights about the processing of the data, you can make a request through: https://www.birminghamchildrenstrust.co.uk/info/14/about_our_website/95/individuals_rights_request/1

You have the right to:

  • have your personal data corrected if it is inaccurate or incomplete.
  • ask for your personal data used for this purpose to be erased. This right may be limited where it is still necessary for the compliance with a legal obligation relating to the contract.
  • ask for your personal data to be supplied in a commonly used format, where the processing is carried out by automated means, so it can be sent to another organisation.

You can also ask for the processing of your personal data to be restricted if:

  • it is inaccurate.
  • it is unlawful but you do not want it to be deleted.
  • it is due to be deleted but you require it kept because of a legal claim .
  • you have objected to the processing of the data and you are waiting for a decision about the objection.

For more information about your rights you can contact the Information Commissioner’s Office, which is the supervisory authority for the United Kingdom.

Contact details are:

www.ico.org.uk

Email: casework@ico.org.uk

Tel: 0303 123 1113

Write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF