This is the first privacy notice that McGee has prepared for the processing of Personal Data / Personal Information.
McGee plan on reviewing this privacy notice over the next 6 months to reflect any legal or regulatory developments (in particular the ICO publishing an updated Employment Practices Code to reflect the GDPR requirements) and in light of market practice regarding GDPR compliance.
This privacy notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time.
McGee collects and processes personal data relating to its staff to manage the employment relationship. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
3 Terms and Definitions
Personal Data/ Personal Information: Means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
McGee: Refers to McGee Group (Holdings) Ltd, its subsidiaries or holding company from time to time and any subsidiary of any holding company from time to time as defined in section 1159 of the Companies Act 2006.
4 What information does the organisation collect?
The organisation collects and processes a range of information. This includes:
- Your name, address and contact details, including email address and telephone number, date of birth and gender;
- 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);
- The terms and conditions of your employment;
- Details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and with the McGee;
- Information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
- Details of your bank account and national insurance number;
- Information about your marital status, next of kin, dependants and emergency contacts;
- Information about your nationality and entitlement to work in the UK;
- Information about your criminal record;
- Details of your schedule (days of work and working hours) and attendance at work;
- Details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
- Details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
- Assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in, performance improvement plans and related correspondence;
- CCTV footage and other information obtained through electronic means such as swipecard records;
- Information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments;
- Details of trade union membership;
- Equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
The organisation collects this information in a variety of ways. For example, data is collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from forms completed by you at the start of or during employment (such as benefit nomination forms); from correspondence with you; or through interviews, meetings or other assessments.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
In some cases, McGee collects personal data about you from third parties, such as references supplied by former employers, information from employment background check providers, information from credit reference agencies and information from criminal record checks permitted by law.
McGee seeks information from third parties with your consent only.
Data is stored in a range of different places, including in your personnel file, in the organisation’s HR management systems and in other IT systems (including the organisation’s email system).
5 Why does the organisation process personal data?
McGee needs to process data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer any benefits, pension, Health and insurance entitlements.
In some cases, McGee needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check staff entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable staff to take periods of leave to which they are entitled. For certain positions, it is necessary to carry out criminal records checks to ensure that individuals are permitted to undertake the role in question.
In other cases, McGee has a legitimate interest in processing personal data before, during and after the end of the employment relationship, provided that staff interests and fundamental rights do not override those interests.
Processing staff data allows the organisation to:
- Run recruitment and promotion processes;
- Maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of contractual and statutory rights;
- Operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
- Operate and keep a record of performance and related processes, to plan for career development, and for succession planning and workforce management purposes;
- Operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that staff are receiving the pay or other benefits to which they are entitled; ascertain fitness to work and manage sickness absence;
- Obtain occupational health advice to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that staff are receiving the pay or other benefits to which they are entitled;
- Operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the organisation complies with duties in relation to leave entitlement, and to ensure that staff are receiving the pay or other benefits to which they are entitled; ensure effective general HR and business administration, business management and planning, including accounting and auditing;
- Provide references on request for current or former staff;
- Provide CV’s in the PQQ/Tender Submission process
- Respond to and defend against legal claims;
- Monitor staff use of our information and communication systems to ensure compliance with our IT policies;
- Ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution; and
- Maintain and promote equality in the workplace.
Where McGee relies on legitimate interests as a reason for processing data, it has considered whether or not those interests are overridden by the rights and freedoms of staff or workers and has concluded that they are not.
Some special categories of personal data, such as information about health or medical conditions, are processed to carry out employment law obligations (such as those in relation to staff with disabilities and for health and safety purposes). Information about trade union membership is processed to allow the organisation to operate check-off for union subscriptions. Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring.
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data.
6 Who has access to data
Your information will be shared internally, including with members of the HR and recruitment team (including payroll),your line manager, managers in the business area in which you work and IT staff, if access to the data is necessary for performance of their roles.
McGee shares your data with third parties in order to obtain pre-employment references from other employers, obtain employment background checks from third-party providers and obtain necessary criminal record checks from the Disclosure and Barring Service. McGee may also share your data with third parties in the context of a sale of some or all of its business. In those circumstances the data will be subject to confidentiality arrangements.
The organisation will not transfer your data to countries outside the European Economic Area.
7 How does the organisation protect data?
McGee takes the security of your data seriously. The organisation has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its staff in the performance of their duties.
Where the organisation engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
8 For how long does the organisation keep data?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
McGee will hold your personal data for the duration of your employment. 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.
9 Your rights
As a data subject, you have a number of rights. You can:
- Access and obtain a copy of your data on request;
- Require the organisation to change incorrect or incomplete data;
- Require the organisation to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
- Object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing; and
- Ask McGee to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the organisation’s legitimate grounds for processing data.
If you would like to exercise any of these rights, please contact Human Resources.
If you believe that McGee has not complied with your data protection rights, you can complain to the Information Commissioner.
10 What if you do not provide personal data?
You have some obligations under your employment contract to provide the organisation with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide the organisation with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.
Certain information, such as contact details, your right to work in the UK and payment details, have to be provided to enable McGee to enter a contract of employment with you. If you do not provide other information, this will hinder McGee’s ability to administer the rights and obligations arising as a result of the employment relationship efficiently.
11 Automated decision-making
Employment decisions are not based solely on automated decision-making.
12 Contacting Us