Recruitment and Employment Privacy Notice

Our core data protection obligations and commitments are set out in TfGM’s primary privacy notice available in our Privacy Notice available on the TfGM website.

This notice explains what personal information TfGM collects about you, why it collects this information, what is it used for, who it is provided to and the legal basis on which it is collected.

The notice provides additional privacy information for applicants; employees (including apprentices); former employees; workers (i.e. agency workers); consultants and contractors; and those on work experience.

It describes how we collect, use and share personal information about you before, during and after your working relationship with us, and the types of personal information we need to process, including information the law describes as “special category” because of its sensitivity.

It is important that all employees read this and the primary privacy notice, as above link, together with any privacy information we may provide on specific occasions when we are collecting or processing personal information about you.

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Purposes

The main reasons TfGM processes your personal information are:

• At recruitment and selection stage to undertake pre-employment, fitness, verification and right to work checks to make a decision about your appointment and the terms on which you work for us;
• If you are an agency worker or consultant, at procurement and engagement stage to consider your background and experience.
• During employment deducting tax and National Insurance contributions and liaising with the relevant pension scheme you are eligible to be a member of;
• During employment to administer the contract we have entered into with you including sending out information on your contract to your works email address and your home address;
• If you are an apprentice, before, during and on termination of your employment, to allow the government and the Greater Manchester Combined Authority to oversee our Apprenticeship Scheme and to draw down the apprenticeship levy funding and to support the delivery of your apprenticeship.
• During employment to make decisions about cost of living and salary reviews;
• During employment to make decisions about your continued employment and engagement; to conduct performance reviews, to investigate employee disputes and disciplinary matters;
• During employment to manage your sickness absence and to ascertain your fitness to work;
• During employment to inform decisions on mandatory training, continuous professional development, workforce planning, talent management, training and development requirements;
• During, and where applicable, after employment to provide you with travel passes;
• During employment to manage fleet vehicle bookings;
• During or after employment to deal with legal disputes involving you, or other employees, workers and contractors, including accidents at work;
• To comply with health and safety obligations and public access legislation;
• To prevent fraud, including sharing and matching of personal information for the national fraud initiative;
• During employment to conduct data analytics studies e.g. in relation to turnover and retention;
• During employment for statutory and non-statutory workforce and equal opportunities monitoring purposes;
• During employment to help create a safe working environment for you and for any visitors who enter the premises;
• During employment to manage meetings and desk bookings; and
• To promote TfGM activities within internal staff newsletters.

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Categories of personal data

In order to carry out our activities and obligations as an employer we collect and process personal data in relation to:

• Contact details including names, addresses, personal email address, telephone numbers and emergency contacts;
• Personal demographics (including date of birth, gender, marital status)
• Photographs, CCTV footage, and other information obtained through electronic means such as staff card details;
• Application records including application forms, CV’s, interview and assessment records, references, evidence of right to work, driving licences, car insurance details, professional membership;
• Employment records including contract of employment, payroll, national insurance number, training, leave, working hours/patterns;
• If you are a consultant, contractor or agency worker, previous work history;
• Performance Development Reviews data, including career aspirations, skills, development required/requests, mandatory training, and talent management;
• Performance and capability management information including absence, disciplinary, capability and employee disputes;
• Salary, pension and benefits information;
• Bank account details, payroll records and tax status information;
• Information relating to health and safety (including accident and incident details);
• Information about the use of information and communication systems.

We also process the following special category data:

• Racial and ethnic origin;
• religious or similar beliefs;
• sexual orientation;
• Health information;
• Trade Union membership
• Details of criminal offences, proceedings and convictions*

*We will only collect information about criminal convictions if this is a requirement of the role or where we are legally permitted or required to do so. We will collect this information as part of the recruitment process or when notified by you or a third part during the course of your employment. We will use information about criminal convictions and offences in the following ways:

• To assess your eligibility to work e.g. to drive a TfGM vehicle;
• To assess your suitability in a TfGM role.

We will only collect information from you that we need to carry out our role as your employer or to meet our business objectives. We do not need your consent to use personal or special categories of your personal information to carry out our legal obligations or exercise specific rights in the field of employment law, social security and social protection.

In limited circumstances, we may approach you for your written consent to allow us to process your personal information. If we do so, we will provide you with full details of the information we need 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 and that where consent is given, you have the right to withdraw it any time (without affecting the lawfulness of our processing prior to the withdrawal of your consent).

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Legal basis for processing

The legal basis we rely on for processing your personal information are:

• Processing is necessary in order to enter into or meet our obligations under any contract we have with you;
• Processing is necessary to perform or exercise obligations or rights under employment law, social security law or social protection;
• Processing is necessary for the compliance with general legal obligations we must meet;
• Processing is necessary to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards;
• Processing is necessary to exercise or defend legal rights e.g. in relation to legal proceedings and claims;
• Processing is necessary for our legitimate interests (or those of a third party) provided your interests and fundamental rights do not override these interests;
• Processing is necessary for fraud prevention and the protection of public funds;
• Processing is necessary to comply with court orders; and/or
• Processing is necessary to protect your interests (or someone else’s) and you are not capable of giving consent.

Examples of our legitimate interests are:

• Staff satisfaction survey (as undertaken by Best Companies in 2018)
• Storage of employees’ emergency contacts’ details
• Emergency Contact LIA
• Best companies LIA

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What will happen if you do not provide information

If you fail to provide certain information when requested, we may not be able to perform the contract that 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 ensuring the health and safety of our workers).

This could affect our employment relationship with you. In such circumstances we would highlight the implications of the failure to provide information to you with a view to a satisfactory resolution to enable your continued employment with us.

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Information sharing recipients

TfGM will only share your personal information where we have a valid reason to do so, or where it is in your interests.

We may share personal information about you with the following types of organisations:

• Named referees – in order to obtain a reference from them for your prospective employment with TfGM;
• Suppliers – in order for them to deliver services to you on our behalf;
• The Police – for purposes relating to the prevention or detection of crime;
• Central Government – for the purposes of the National Fraud Initiative conducted by central government under Section 33 and Schedule 9 of the Local Audit and Accountability Act 2014, and in order to facilitate the payment of apprenticeship training providers; and
• New or prospective employer – either for the purpose of providing a reference, managing a secondment or where a Transfer of Undertakings Protection of Employment (TUPE) applies to the transfer of your role to another employer; and
• Training providers – if you are completing an apprenticeship or professional qualification as part of your job, in order for them to deliver services to you on our behalf. In the event of any redundancy scenario, we may share details about your redundancy with training providers where applicable.

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Sources of personal data other than the data subject

We collect information from candidates at the recruitment stage, from consultants and contractors at the procurement stage and from employees during their employment at TfGM. We also receive information from the following sources:

• Referees and former employers;
• Employment agencies;
• Disclosure and Barring Service;
• Former employers via the TUPE process;
• Complainants (e.g. service users);
• Next of kin/ family;
• Health professionals (Occupational Health and GP’s);
• Public sources such as social media. (This does not mean that TfGM will source personal data about employees from social media, and neither will it use social media to screen employees. It will be used when social media posts relating to or posted by employees are reported to TfGM from external sources to inform potential investigations.)

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Automated decisions

For this processing, all the decisions we make about you involve human intervention

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Data retention criteria

Our Retention Schedule outlines how long we retain certain types of information for.

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Rights of individuals

You have a number of legal rights in relation to your personal information. These apply regardless of your employment status with TfGM.

You have a right to be informed about how and why your personal information is being processed. This notice fulfils that obligation. You also have a number of other rights.

Information about the following rights is available in our Guide to Exercising Your Rights:

• These rights and how to exercise them;
• Contacting our Data Protection Officer;
• Raising a concern with us; and/or
• Making a compliant to the Information Commissioner

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Updates

We may update or revise this Privacy Notice from time to time and provide supplementary privacy information as is necessary to TfGM’s current workforce.

Last updated on: 26 October 2021

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