This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR). St Luke’s is committed to protecting the privacy and security of your personal data.
It applies to all employees, workers, volunteers and contractors.
St Luke’s is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to current and former employees, workers, volunteers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those
- Relevant to the purposes we have told you about and limited only to those
- Accurate and kept up to
- Kept only as long as necessary for the purposes we have told you
The kind of information we hold about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive personal data which require a higher level of protection.
We will collect, store, and use the following categories of personal information about you:
- Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
- Date of birth
- Marital status and
- Next of kin and emergency contact
- National Insurance number.
- Bank account details, payroll records and tax status
- Salary, annual leave, pension and benefits
- Start date.
- Location of employment or workplace.
- Copy of driving license.
- Copy of passport.
- Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
- Proof of professional registration.
- Employment records (including job titles, work history, working hours, training records and professional memberships).
- Compensation history.
- Disciplinary and grievance
- Information about your use of our information and communications systems.
- We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
- Information about criminal convictions and
- health records / vaccinations
How is your personal information collected?
We collect personal information about employees, workers, volunteers and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies e.g. CRB.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform the contract we have entered into with
- Where we have entered into a volunteer agreement with you.
- Where we need to comply with a legal
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest (or for official purposes). Situations in which we will use your personal
We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations under the relevant employment laws. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
- Making a decision about your recruitment or
- Determining the terms on which you work for us.
- Checking you are legally entitled to work in the
- Paying you and, if you are an employee, deducting tax and National Insurance contributions.
- Providing benefits to you as listed in the company handbook.
- Liaising with your pension
- Administering the contract or agreement we have entered into with you.
- Business management and planning, including accounting and
- Conducting performance reviews, managing performance and determining performance
- Making decisions about salary reviews and
- Assessing qualifications for a particular job or task, including decisions about
- Gathering evidence for possible grievance or disciplinary hearings.
- Making decisions about your continued employment or
- Education, training and development requirements.
- Dealing with legal disputes involving you, or other employees, workers, volunteers and contractors, including accidents at
- Ascertaining your fitness to
- Managing sickness absence.
- Complying with health and safety
- Preventing fraud.
- Processing expenses
- Monitoring your use of our information and communication systems to ensure compliance with our IT
- Ensuring network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
- Conducting data analytics studies to review and better understand employee retention and attrition rates.
- Equal opportunities monitoring.
- Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How we use particularly sensitive personal information
“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
- In limited circumstances, with your explicit written consent.
- Where we need to carry out our legal obligations or exercise rights in relation to your employment with us. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such
- Where it is needed in the public interest, such as for equal opportunities monitoring. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such
- Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
Occasionally, special consent of data may be processed where you are not capable of giving your consent, where you have already made the information public or in the course of legitimate business activities or legal obligations and in line with the appropriate safeguards.
Examples of the circumstances in which we will process special categories of your particularly sensitive personal information are list below (this list is not exhaustive):
- in order to protect your health and safety in the workplace
- to assess your physical or emotional fitness to work
- to determine if reasonable adjustments are needed or are in place
- to monitor and manage sickness absence, family leave or other absences from work (including time of for dependents)
- in order to fulfil equal opportunity monitoring or reporting obligations
Do we need your consent?
In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations.
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.
We envisage that we will hold information about criminal convictions.
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us.
We anticipate that we will process information about criminal convictions.
We may make some decisions about you without human involvement. Examples of where such decisions may be made in the employment context include:
- A “trigger” is met in a sickness absence or disciplinary procedure.
During the Recruitment process
We ask you for your personal details including name and contact details. We will also ask you about your previous experience, education, referees and for answers to questions relevant to the role you have applied for. Our HR team will have access to all of this information.
You will also be asked to provide equal opportunities information. This is not mandatory information if you don’t provide it, it will not affect your application. This information will not be made available to any staff outside of our recruitment team, including hiring managers, in a way which can identify you. Any information you do provide, will be used only to produce and monitor equal opportunities statistics.
Our recruiting manager’s shortlist applications for interview. They will not be provided with your name or contact details or with your equal opportunities information if you have provided it, until shortlisting has been reviewed by HR and then personal information is given to the recruiting manager prior to interview.
We might ask you to participate in assessment, and/or to attend an interview – or a combination of these. Information will be generated by you and by us. For example, you might complete a written test or we might take interview notes. This information is held by the HR Department.
If you are unsuccessful following assessment for the position you have applied for, we will keep your information on file for a period of six months.
If we make a conditional offer of employment we will ask you for information so that we can carry out pre-employment checks. You must successfully complete pre-employment checks to progress to a final offer. We are required to confirm the identity of our staff, their right to work in the United Kingdom and seek assurance as to their trustworthiness, integrity and reliability.
You will therefore be required to provide:
Proof of your identity – you will be asked to attend our office with original documents, we will take copies.
Proof of your qualifications – you may be asked to attend our office with original documents, we will take copies.
You will be asked to complete a criminal records declaration to declare any unspent convictions as part of a Disclosure & Barring Check.
We will contact your referees, using the details you provide in your application, directly to obtain references
We will also ask you to complete a questionnaire about your health. This is to establish your fitness to work. This is done through a data processor (please see below).
If we make a final offer, we will also ask you for the following:
Bank details – to process salary payments
Emergency contact details – so we know who to contact in case you have an emergency at work
Use of data processors /Data Sharing
Data processors are third parties who provide elements of our service for us. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third party service providers process my personal information?
“Third parties” includes third party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third party service providers: e.g. payroll, pension administration, benefits provision and administration and IT services.
How secure is my information with third-party service providers and other entities in our group?
All our third party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
If you accept a final offer from us, some of your personnel records will be held on CIPHR which is an internally used HR records system.
Here is a link to their Privacy Notice – http://www.ciphr.com/privacy-notice/
All volunteer information is held on a secure electronic database and paper files are held in locked filing cabinets.
Here is the link to their Privacy Notice – https://www.blackbaud.co.uk/privacy-policy.aspx
Mid Cheshire Occupational Health Service
Mid Cheshire Occupational Health provide our Occupational Health service. If we make you a conditional offer, we will ask that you complete a questionnaire which will help to determine if you are fit to undertake the work that you have been offered, or advise us if any adjustments are needed to the work environment or systems so that you may work effectively.
The information you provide will be held by Mid Cheshire Occupational Health who will provide us with a fit to work certificate or a report with recommendations. You are able to request to see the report before it is sent to us. If you decline for us to see it, then this could affect your job offer. If an occupational health assessment is required, this is likely to be carried out by Mid Cheshire Occupational Health Service
Here is a link to their Privacy Notice. – to follow
Disclosure Services provides St Luke’s with the facility to process DBS Criminal Records Checks. You will be asked to meet with a member of the HR Department to process the DBS check where you will be asked to bring three forms of ID which will be provided to you beforehand. All conditional offers are subject to satisfactory DBS clearance (if required for the role).
Here is a link to their Privacy Notice – https://www.disclosureservices.com/page/privacy
Howard Worth Chartered Accountants provide St Luke’s payroll services.
Here is a link to their Privacy Notice – https://www.howardworth.co.uk/privacy-notice/
You will most likely be auto enrolled into an Aviva Pension Scheme when you join the Hospice. Aviva and St Luke’s are Joint Controllers for pension information. Aviva has responsibility for information received from St Luke’s and pension members. Employers are responsible as Controller for the quality and timeliness of the information they provide to Aviva.
Here is a link to their Privacy Notice – https://www.aviva.co.uk/services/about-our-business/products-and-services/privacy-policy/
The NHS Business Service Authority (NHSBSA) and employers with staff in the NHS Pension Scheme are Joint Controllers for pension information. The NHSBSA have responsibility for information received from employers and pension members. Employers are responsible as Controller for the quality and timeliness of the information they provide to the NHSBSA.
Here is a link to their Privacy Notice – https://www.nhsbsa.nhs.uk/our-policies/privacy
Concise Technologies provide St Luke’s IT Solutions including support, security, disaster recovery and telecoms.
Here is a link to their Privacy Notice – https://www.concise.co.uk/legal-notices
Health Assured provides St Luke’s with an Employee Assistance programme. Some of your personal details will most likely be shared with Health Assured as and when required. Health Assured has responsibility for information received from St Luke’s to process this in line with the GDPR.
Here is a link to their Privacy Notice – https://healthassuredeap.co.uk/terms-and-conditions/
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our retention policy which is available from Human Resources. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with our data retention policy.
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you e.g. if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Human Resources on 01606 555818 or email HR@stlukes-hopsice.co.uk.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Human Resources. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Under the General Data Protection Regulations you have rights as an individual which you can exercise in relation to the information we hold about you.
You can read more about these rights here – https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/
Complaints or queries
St Luke’s aims to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures.
This privacy notice was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects of St Luke’s collection and use of personal information. However, we are happy to provide any additional information or explanation needed. Any requests for this should be sent to the address below.
If you want to make a complaint about the way we have processed your personal information, you can contact us in the first instance by emailing HR@stlukes-hospice.co.uk. The ICO the statutory body which oversees data protection law can also be contacted by visiting www.ico.org.uk/concerns.
Access to personal information
St Luke’s aims to be as open as it can be in terms of giving people access to their personal information. Individuals can find out if we hold any personal information by making a ‘subject access request’ under the General Data Protection Regulation. If we do hold information about you we will:
- provide the information requested within 1 month;
- give you a description of it;
- tell you why we are holding it;
- tell you who it could be disclosed to; and
- let you have a copy of the information in an portable form
To make a request to St Luke’s for any personal information we may hold you need to put the request in writing addressing it to our Chief Executive.
Disclosure of personal information
In many circumstances we will not disclose personal data without consent. However when we investigate a complaint, for example, we will need to share personal information with the organisation concerned and with other relevant bodies.
You can also get further information on:
- agreements we have with other organisations for sharing information;
- circumstances where we can pass on personal data without consent for example, to prevent and detect crime and to produce anonymised statistics;
- our instructions to staff on how to collect, use and delete personal data; and
- how we check that the information we hold is accurate and up to date.
Links to other websites
This privacy notice does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.
Changes to this privacy notice
We keep our privacy notice under regular review. This privacy notice was last updated January 2020.
Responsibility HR will have responsibility for reviewing the policy on an annual basis. The policy was last updated 6th January 2020