Employment Services collects and lawfully process your personal information under the following legislation:
- Teachers Pensions Regulation H3(2)
- NHS Pension Scheme
- Local Government Pension Scheme
- Occupational and Personal Pension Schemes (Disclosure and Information) Regulations 2013
- Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014
- Occupational and Personal Pension Schemes (Disclosure and Information) Regulations 2015
- Local Government Pension Scheme (LGPS) Regulations 2013
We process personal data for the following reasons:
- GDPR Article 6(1)(a) – the data subject has given consent to the processing of his or her personal data for one or more specific purposes
- GDPR Article 6(1)(b) – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
- GDPR Article 6(1)(c) – processing is necessary for compliance with legal obligation to which the East Riding of Yorkshire Council is subject
- GDPR Article 6(1)(f) - processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
We process special category data for the following reason:
- GDPR Article 9(2)(a) - the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject
- GDPR Article 9(2)(b) - processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject
- GDPR Article 9(2)(d) - processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects.
We use your personal information for employment purposes to ensure you are paid correctly and that the council fulfils its statutory obligations as an employer. For example, the council needs to retain records to show that the correct documents have been seen for all employees and workers to evidence the right to work in the UK and to show that criminal record checks have been completed for specified job roles to comply with safeguarding legislation and contractual requirements for repeat checks. For job roles involving frontline Health and Social Care or undertaking any form of work in Care Quality Commission (CQC) registered care homes, the council will seek information about COVID-19 vaccination or exemption status. This is necessary to ensure the council is complying with health or social care and public health interests, or the Health and Social Care Act 2008 relating to particular posts or service provision.
We may process information about whether or not employees or workers require reasonable adjustments where they have a disability or health condition. This is to carry out its obligations and exercise specific rights in relation to employment.
We processes data including information about age, gender, marital status, ethnic origin and disability status, for statutory equalities monitoring purposes.
During employment, we will process any changes to personal data that you provide such as changes to name, address, bank details etc and any changes to job role to enable us to pay you correctly.
We will process data to allow us to make statutory payments as required for sickness, maternity/paternity leave etc.
We process data relating to performance, attendance, grievance, redeployment, redundancy etc to allow us to manage the employment relationship in a consistent and fair way in compliance with council policies.
We have a statutory requirement under Teachers Pensions Regulation H3(2) to provide data relating to historic pension contribution and employment details for those employees or workers who have contributed to the teachers pension scheme during employment until they reach pensionable age. The council also has similar duties with regard to the Local Government Pension Scheme (LGPS) and NHS Pension Scheme for those employees or workers who have contributed to the LGPS during employment.
We will also use your employment information to respond to queries from HM Revenues and Customs (HMRC) regarding tax and national insurance contributions.
We may also need to process data from employees or workers to respond to any legal claims (e.g. Employment Tribunal and insurance).
We do not use automated decision-making in processing employment information.