Home > Privacy Notice Privacy Notice GDPR PRIVACY NOTICE FOR EMPLOYEES, WORKERS AND CONTRACTORS Mellors Catering Services Ltd (The “Company”) is committed to protecting the privacy and security of your personal information. This policy outlines how we collect and use your personal information during and after your working relationship with the Company following the General Data Protection Policy. It applies to all employees, including workers and contractors. The Company is a “data controller.” It is responsible for deciding how we hold and use your personal information. Under data protection legislation, the company must notify you of the information contained within this privacy notice policy. This notice applies to current and former employees, workers and contractors. This policy is not part of your employment contract or any other contract to provide services. The Company reserves the right to update this notice at any time. It would be best to read this policy/notice and any other privacy notice that the Company may provide when we collect or process personal information about you so that you know how and why the Company uses such information. What are the principles of Data Protection? The Company will at all times comply with data protection law. The law states that any personal information that the Company holds about you must be: Used lawfully, fairly and in a transparent way; Collected only for valid purposes that the Company has clearly explained to you and not used in any way that is incompatible with those purposes; Relevant to the purposes that the Company has told you about and limited to those purposes only; Accurate and kept up to date; Kept only for as long as necessary for the purposes that the Company has told you about They are kept securely. What type of information does the Company hold about me? The Company will hold personal data or information about you, which means any information that could identify you. This does not include data where your identity has been removed (anonymous data). The Company will collect, store, and use the following categories of personal data about you, including but not limited to: Personal details such as your name, title, addresses, telephone numbers and personal email addresses; Date of birth; Gender; Marital status and dependents; Next of kin and emergency contact information; National insurance number; Bank account details, payroll records and tax information; Pay information, holidays, pension and benefits information; Start date; Location of employment or workplace; Copy of your identification for right-to-work purposes/DBS check purposes 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.); Employment records (including job title, work history, working hours, training records and professional memberships); Performance information; Disciplinary and grievance information; CCTV footage Information about your use of the Company’s information and communication systems; and Photographs. There are also “special categories” of more sensitive personal data that require more protection. “Special categories” of more sensitive personal data mean personal data that includes data revealing race or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, and data concerning health, sex, or sexual orientation. The Company may also collect, store and use the following ‘special categories’ of more sensitive personal information, including but not limited to: Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions; Trade union membership; Information about your health, including any medical condition, health and sickness records; Genetic information and biometric data; and Information about criminal convictions and offences. How will my personal information be collected? The Company typically collects personal information about employees, workers, and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or a background check provider. The Company may sometimes collect additional information from third parties, such as former employers, credit reference agencies, or other background check agencies. How will the Company use information about me? The Company will only use your personal information when the law allows it. The Company will most commonly use your personal information in the following circumstances: Where the Company needs to perform the contract which it has entered into with you; Where the Company needs to comply with a legal obligation and Where necessary for the Company’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. The Company may also use your personal information in the following situations, which are likely to be rare: Where the Company needs to protect your interests (or someone else’s interests); and/or Where it is necessary in the public interest or for official purposes. In what situations will the company use my personal information? The Company needs all of the categories of information listed above, primarily to allow the Company to perform its contract with you and to enable the Company to comply with its legal obligations. The Company may in some cases use your personal information to pursue legitimate interests of its own or those of third parties, provided that your interests and fundamental rights do not override those interests. The situations in which the Company will process your personal information are when the Company is: Deciding your recruitment or appointment; Determining the terms on which you work for the Company; Checking that you are legally entitled to work in the UK; Paying you, and if you are an employee, deducting tax and National Insurance contributions; Providing the following benefits to you (cycle to work scheme, childcare voucher scheme, medical insurance, life assurance, company vehicles) Liaising with your pension provider; Administering the contract which the Company have entered into with you; Business management and planning, including accounting and auditing; Ensuring compliance with Company policies and procedures; Conducting performance reviews, managing performance and determining performance requirements; Making decisions about salary reviews and compensation; Assessing qualifications for a particular job or task, including decisions about promotions; Gathering evidence for possible grievance and disciplinary hearings; Making decisions about your continued employment or engagement; Making arrangements for the termination of your working relationship with the Company; Education, training and development requirements; Dealing with legal disputes involving you or other employees, workers and contractors, including accidents at work; Ascertaining your fitness to work; Managing sickness absence and/or health issues in the workplace; Complying with health and safety obligations; To prevent fraud; To monitor your use of the Company’s information and communication systems to ensure compliance with the IT policies and/or deal with incoming business emails during periods of absence and ensure compliance with our standards/rules/policies and procedures, including investigating any complaints (internal or external); To ensure network and information security, including preventing unauthorised access to the Company’s computer and electronic communications systems and preventing malicious software distribution; To conduct data analytics studies to review and better understand employee retention and attrition rates; and Equal opportunities monitoring. Some of the above grounds for processing will overlap, and several grounds may justify using your personal information. What happens if I fail to provide personal information? Suppose you fail to provide certain information when requested. In that case, the Company may not be able to perform the contract it entered in to with you (such as paying you or providing a benefit), or the Company may be prevented from complying with its legal obligations (such as ensuring the health and safety of workers). Can the Company change the purpose for which it is using my personal data? The Company will only use your personal information for the purposes for which it collected it, unless it reasonably considers it needs to use it for another reason, and that the reason is compatible with the original purpose. If the Company needs to use your personal information for an unrelated purpose, the Company will notify you and explain the legal basis for this. The Company may process your personal information with your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. How will the Company use particularly sensitive personal information? ‘Special categories” of particularly sensitive personal information require higher levels of protection and the Company needs to have further justification for collecting, storing and use this information. The Company may process special categories of personal information in the following circumstances: In limited circumstances, with your explicit written consent; Where the Company needs to carry out legal obligations and in line with its acceptable use IT policy, health and safety policy etc; Where it is needed in the public interest, such as for equal opportunities monitoring [or in relation to our occupation pension scheme], and in line with the Company’s data protection policy; and Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards. The Company 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. The Company may also process such information about members or former members in the course of legitimate business activities with appropriate safeguards. What are the Company’s obligations? The Company will use sensitive personal information in the following ways: The Company will use information relating to leaves of absence, which may include sickness absence or family related leave, to manage your absences and comply with employment and other laws. The Company will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits. The Company will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting. The Company will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations. Does the Company require your consent? The Company does not need your consent if the Company uses special categories of your personal information in accordance with its written policy to carry out the Company’s legal obligations, or to exercise specific rights in the field of employment law. In limited circumstances, the Company may approach you for your written consent to allow us to process certain sensitive data. If it does so, the Company will provide you with full details of the information that it would like and the reason we need it, so that you can carefully consider whether you wish to give your consent. You should be aware that it is not a condition of your contract with the Company that you agree to any request for consent. How can the Company use information about criminal convictions? The Company may only use information relating to criminal convictions where the law allows it. This will usually be where such processing is necessary to carry out its obligations, provided it does so in line with safeguarding obligations. The Company may less commonly use information relating to criminal convictions where it is necessary in relation to legal claims, where required to protect your interests (or someone else’s interests) and/or if you are not capable of giving your consent, or where you have already made the information public. The Company does envisage that it will hold information about criminal convictions. The Company will only collect information about criminal convictions if appropriate, given the nature of the role and where it can legally do so. Where applicable, the Company will collect information about criminal convictions as part of the recruitment process, or you may be notified of such information directly while working for the Company. The Company will use information about criminal convictions and offences in line with DBS check requirements for those employees working in schools or courts. What is data sharing and how will this affect me? The Company may have to share your data with third parties, including third-party service providers and other entities in the Company’s group. The Company may require third parties to respect the security of your data and to treat it in accordance with the law. Why might you share my personal information with third parties? The Company may share personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where it has another legitimate interest in doing so, for example, organising your membership of a pension scheme or transferring our business (or part of it) to a another business. 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 the Company’s group. The following activities are carried out by third-party service providers: pension administration, benefits provision and administration, IT services. How secure is my information with third-party service providers and other entities in our group? All of the Company’s third-party service providers are required to take appropriate security measures to protect your personal information in line with Company policies. The Company does not allow its third-party service providers to use your personal data for their own purposes. The Company only permits them to process your personal data for specified purposes and in accordance with our instructions. To ensure the Company’s third party service providers are complying with their obligations under data protection regulations and safeguarding your personal data, the Company may conduct audits on third party service providers from time to time as well as seeking contractual commitment for compliance with data protection obligations. When might you share my personal information with other entities in the Group? The Company will share your personal information with other entities in our Group as part of its regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data. What about other third parties? The Company may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law. What is data security and how does this affect me? The Company has put in place measures to protect the security of your information. Details of these measures are available upon request. Third parties will only be entitled to process your personal information on the Company’s instructions and where we have agreed to treat the information confidentially and to keep it secure. The Company has put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where it is legally required to do so. How long will you use my information for? The Company will only retain your personal information for as long as necessary to fulfill 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 To determine the appropriate retention period for personal data, the Company considers 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 applicable laws and regulations]. Do I have a duty to inform the Company of changes? Yes, it is important that the personal information the Company holds about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us. What rights do I have in connection to my 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, for example 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 the Company transfers a copy of your personal information to another party, please contact a member of the HR team in writing at our Head Office address or HR@mellors.co.uk Are fees usually required? You will not usually have to pay a fee to access your personal information (or to exercise any of the other rights). However, the Company may charge a reasonable fee if your access request is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances. Will the Company require anything from me? The Company may need to request specific information from you to help it 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. Am I able to withdraw my 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 the HR team at HR@mellors.co.uk. 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. What is a Data Protection Officer and what do they do? We have appointed a [data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO (Jenna Calderbank, Group HR Manager Jennac@mellors.co.uk) You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. Can this policy be amended? Yes, the Company reserves the right to update this privacy notice at any time, and it will provide you with a new privacy notice when it makes any substantial updates. The Company may also notify you in other ways from time to time about the processing of your personal information If you have any questions about this privacy notice, please contact a member of the HR team at HR@mellors.co.uk or in writing at our head office address.