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Employee Privacy Policy Statement

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:

  • You give us when you apply for a job with us.
  • We obtain from a recruitment agency when they arrange an application for you.
  • We receive from third parties such as credit reference agencies and fraud prevention agencies, former employers etc.
  • You give us during your employment relating to your performance, development and training.

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:

PURPOSE LEGAL BASIS
Recruitment
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

During Employment

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
Security
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
Other
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:

  • Because we or they need to do so as a direct consequence of fulfilling your request (for example, to check your identity to consider you for a job);
  • To comply with applicable laws or regulations, or as permitted by applicable law; or
  • On the basis that we or they have a legitimate interest (for example, managing our risk or preventing crime, fraud and money laundering), and to protect our business.

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:

  • Providers who need to know the information to provide us or you with a service.
  • Third party service providers who process information on our behalf to help run some of our internal business operations including background checks, surveys and assessments, training, email distribution, storage of documentation.
  • Credit reference agencies to check your identity and obtain credit references.
  • Regulators or law enforcement bodies to comply with any statutory, regulatory or legal obligation or court order.
  • Entities who may or do acquire any rights in us for a business sale or reorganisation.
  • Our advisors, for assisting us to better manage, support or develop our employees and comply with our legal and regulatory obligations.

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:

  • with your consent, or
  • for the purposes of carrying out the obligations and exercising specific rights of our Firm or you in the field of employment and social security and social protection law, or
  • for the purposes of preventive or occupational medicine, for the assessment of the working capacity of you as an employee, assist with a medical diagnosis, or the provision of health or social care. 

Email

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.

Information Security

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.

Updates

We will keep this Privacy Policy under review and make updates from time to time. Any changes to this will be posted on this page, so please review the Website periodically for changes.

Cookies

Our website uses cookies (including Google Analytics cookies to obtain an overall view of visitor habits and visitor volumes to our Website). Further information regarding this can be found within our Cookie Policy.

Your Rights

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.

Complaints Process

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).

Contact Us

Richard Moss,
Practice Manager
Bailey Smailes Solicitors
6-8 New North Parade
Huddersfield
HD1 5JP

Telephone queries can be made 01484 43 55 43