In this Privacy Statement the terms, ‘we’ or ‘us’ is Bailey Smailes
Your privacy is important to us and we are committed to keeping your information secure and managing it in accordance with our legal responsibilities under applicable data protection laws. We are registered with the UK Information Commissioner’s Office (ICO) as a data controller under registration number Z8364133
This Privacy Statement sets out the basis upon which we will process personal information we collect from you when you apply for a job with us or through your employment with us.
If you are applying for a job and do not agree with any part of this Privacy Statement, you should not continue with your application.
What Information We Collect
We process information which:
What personal information we process
This includes your name, address (including previous addresses), telephone number, email address, date of birth, National Insurance number, employment history, passport information, bank details, credit history, information regarding your emergency contacts, qualifications, training and competency records, identifiers assigned to your computer or other internet connected device including your IP addresses, information linked to your mobile telephone number.
We will collect special categories of personal data – e.g. health information regarding a disability, illness or impairment. (See section of Special Categories of Personal Data below for further details)
Use of Your Information
Your information will be used by us for the following reasons:
|To manage job applications and assess candidates for vacancies||Legitimate interests for recruitment purposes|
|To conduct background checks, including verifying identity and address, validating education, certificates and qualifications, obtaining references, credit reference and criminal records checks and evidence of gaps in employment and business travel when using your own car||Legitimate interests to manage and control employee risk|
|To obtain evidence of eligibility to work in the UK||To comply with legal obligations in the Immigration Act|
|To assess suitability and capability of candidates, including psychometric assessments for certain roles||Legitimate interests for recruitment purposes
If special categories of personal data are processed – necessary for preventative or occupational medicine for the assessment of working capacity, or with your consent to fulfil our obligations under Equality & Diversity legislation
|To document the interview process and assess candidate competence||Legitimate interests for recruitment purposes
If special categories of personal data are processed – necessary for carrying out obligations and exercising specific employment rights or for preventative or occupational medicine for the assessment of working capacity, or with your consent to fulfil our obligations under Equality & Diversity legislation
|To process payroll and pay out of pocket expenses, a record is kept of employees’ bank details, National Insurance numbers and taxation records||Necessary to perform the contract of employment|
|To manage absence, both planned and unplanned and validate fitness and ability to return to work||Legitimate interests for absence management
Necessary for carrying out obligations and exercising employment rights or for preventative or occupational medicine for the assessment of working capacity
|For training purposes and to enhance or review performance||Legitimate interests for performance management
To comply with statutory obligations for certain roles and other professional bodies’ requirements
|To provide flexible benefits as part of the employee benefits package||Necessary to perform the contract for the optional benefits selected|
|To provide hotel accommodation, company or hire cars and make company employee travel arrangements||Legitimate interests to facilitate travel for business purposes|
|To maintain governance records, including conflicts of interest register, gifts and hospitality log, confidential information lists, staff share dealing disclosures, and lists of persons discharging material responsibility||To comply with corporate governance requirements|
|To monitor access to the office and restricted areas, and to monitor IT systems and applications||Legitimate interests to manage and control information security risk
To comply with legal obligations for prevention of financial crime
|For contacting employees in the event of an emergency or as part of annual testing||Legitimate interests for business continuity|
|Complying with Legal Obligations|
|To prevent, investigate and prosecute crime, fraud and money laundering||To comply with legal obligations for prevention of financial crime and money laundering|
|For auditing purposes, including maintaining our Annual Financial Statements, Accreditations such as our own internal Quality Standards, CQS, Lexcel, ISO and the Legal Eye Quality Standard||To comply with legal obligations to conduct audits
Legitimate interests to manage and maintain quality standards for commercial reasons
|If we are obliged to disclose information by reason of any law, regulation or court order||To comply with legal obligations|
|To transfer information to any entity which may acquire rights in us||Legitimate interests for commercial interests|
|For any other purpose to which you agree||With your consent|
Where we or third parties (see below) process your personal information, it will be processed:
How We Might Share Your Information
The third parties with whom we may need to share personal information to help us provide employment to you are:
These parties may be in the UK, other countries in the European Economic Area (EEA) or elsewhere in the world. Whenever we or service providers transfer your personal information outside of the EEA, we or they will impose the standard contractual obligations on the recipients of that information to protect your personal information to the standard required in the EEA.
Retention of Your Personal Information
The personal information that you provide will be retained by us in accordance with applicable laws as follows:
|Type of personal information||Retention period|
|Normal personal data||6 years after the end of employment|
|Special categories of personal data: data regarding health||6 years after the end of employment|
|Personal identity||6 years after the end of employment|
|Personal financial||Bank account details are erased 3 months after the end of employment.
Records of salary and taxation are retained for 6 years
|Speculative CVs||6 months after submission to us|
Special categories of Personal Data
Special categories of personal data include information about an individual’s health and other categories of personal information which are closely protected (e.g. ethnicity or biometrics). We do not generally process such information, unless you have voluntarily provided that information to us (for example, where you have notified us of a medical issue to allow for reasonable adjustments to be made). We therefore process that data either:
Emails sent via the internet can be subject to interception, loss or possible alteration, therefore we cannot guarantee their security. Although we will do our best to protect your personal information, we cannot guarantee the security of your data sent by email and therefore will have no liability to you for any damages or other costs in relation to emails sent by you to us via the internet. If you would like to contact us, please see the section below or use our contact page.
We invest appropriate resources to protect your personal information, from loss, misuse, unauthorised access, modification or disclosure. However, no internet-based site can be 100% secure and we cannot be held responsible for unauthorised or unintended access that is beyond our control.
You have the right to request copies of your personal information we hold and where we have requested your permission to process your personal information, or you have provided us with information for the purposes of entering into a contract with us, to receive the personal information you provided to us in a portable format, if technically feasible. If you think any of the personal information we hold about you is inaccurate, you may request it is corrected or erased. You also have a right, in certain circumstances, to object to our processing of your personal information, to require us to stop processing your personal information and/or to withdraw your agreement to processing based on ‘consent’. For further information please write to us at the address below.
If you have a complaint about how we have handled your personal information please contact us using the details below and we will investigate your complaint. You also have the right to complain to the Information Commissioner’s Office – (www.ico.org.uk).
Bailey Smailes Solicitors
6-8 New North Parade
Telephone queries can be made 01484 43 55 43