DATA PROTECTION ACT DATA SUBJECT PRIVACY NOTICE , GDPR
The Company is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller.
You may give your personal details to the Company directly, such as on an application or registration form or via our website, or we may collect them from another source such as a jobs board. The Company must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services and/or information relating to roles relevant to you we will only use your personal data in accordance with the terms of the following statement.
Cookie Policy
This site uses cookies for security and anonymous analytics purposes. More information about cookies and our use of them can be found on our Cookie Policy.
1. Collection and use of personal data
a. Purpose of processing and legal basis
The Company will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with work-finding services. The legal bases we rely upon to offer these services to you are:
• Consent and Legitimate interest
b. Recipient of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
• Prospective or intended employers or customers for the purpose of recruitment services
c. Statutory/contractual requirement
Your personal data is not required as part of a statutory and/or contractual requirement, and/or a requirement necessary to enter into a contract.
2. Data retention
The Company will retain your personal data only for as long as is necessary. Different laws require us to keep different data for different periods of time.
The Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.
We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation.
Where the Company has obtained your consent to process your personal data we will do so in line with our retention policy. This data consists of information such as your name, address, e-mail address, telephone number. If you are a candidate looking for work, we also collect information regarding your work and education history and your responses to and the results of assessments administered through the site, plus your nationality which we are required to collect by law. We also collect information in the aggregate to provide us with a better understanding of the users of our website as a group, but which does not contain personally identifiable information. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your personal data.
Where the Company has obtained your consent to process your personal data we will do so in line with our retention policy.
| Document type | How long to keep for (and source of requirement) |
| Personnel records |
| • Work-seeker records including application form/CV, ID checks, terms of engagement (see also below), details of assignments, opt-out notices and interview notes • Hirer records including client details, terms of business (see below), assignment/vacancy details. |
1 year from the last date of providing work-finding services as an Employment Agency or Employment Business (Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations)) Please note, there is no legal obligation to keep records where you take no action in relation to an application. |
| Terms of engagement with temporary worker and terms of business with clients |
6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980) (5 years in Scotland). Please note that 6 years is not a minimum legal requirement but is the time period in which a contractual claim can be made. You will still have to establish why it is necessary to keep these records. |
| Working time records: • 48 hour opt out notice • Annual leave records |
2 years from the time they were created |
| Annual appraisal/assessment records | No specific period – under data protection laws you should only keep records for as long as is necessary. |
| References | Under data protection laws, only keep records for as long as is necessary. However, the Conduct Regulations require references to be kept for 1 year following the introduction or supply of a workseeker to a client. |
| Records held relating to right to work in the UK | 2 years after employment or engagement has ended – must not be alterable. |
| Criminal records checks/ Disclosure Barring checks | There is no longer a 6 month time limit on how long DBS certificates can be kept for. When it comes to handling and storing certificates the new DBS Code requires registered bodies to ‘handle all information provided to them by DBS, as a consequence of applying for a DBS product, in line with the obligations under Data protection Act 1998’. |
| National Minimum Wage documentation: • Total pay by the worker and the hours worked by the worker • Overtime/shift premia; • Any deduction or payment of accommodation; • Any absences eg rest breaks, sick leave, holiday; • Any travel or training during working hours and its length; • Total number of hours in a pay reference period |
For HMRC purposes: 3 years after the end of the pay reference period following the one that the records cover (National Minimum Wage Act 1998) Or 6 years (5 in Scotland) in order to show that you have paid at least national minimum wage rates if a breach of contract claim is brought against you. |
| Sickness records – statutory sick pay | Records can be kept in a flexible manner which best suits your business but should be kept for payroll purposes (see below) |
| Statutory maternity, paternity, adoption pay | 3 years from the end of the tax year to which it relates |
| Pensions auto-enrolment (including autoenrolment date, joining date, opt in and opt out notices, contributions paid) | 6 years except for opt out notices which should be kept for 4 years. |
| Gender pay gap reporting | 1 year |
| Company financial records |
| VAT | 6 years |
| Company accounts | 6 years |
| • Payroll information • CIS records |
3 years from the end of the tax year |
| ITEPA (the intermediaries legislation) records | Report due every quarter, to be kept for no less than 3 years after the end of the tax year to which they relate. |
3. Your rights
Please be aware that you have the following data protection rights:
• The right to be informed about the personal data the Company processes on you;
• The right of access to the personal data the Company processes on you;
• The right to rectification of your personal data;
• The right to erasure of your personal data in certain circumstances;
• The right to restrict processing of your personal data;
• The right to data portability in certain circumstances;
• The right to object to the processing of your personal data that was based on a public or legitimate interest;
• The right not to be subjected to automated decision making and profiling; and
• The right to withdraw consent at any time.
Where you have consented to the Company processing your personal data you have the right to withdraw that consent at any time by contacting: Susan Coshan
4. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Susan Coshan
You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/, or any other relevant supervisory authority should your personal data be processed outside of the UK, if you believe that your data protection rights have not been adhered to.