Due to essential maintenance the HMO (mandatory or additional) and selective licensing forms and the Planning Register will be unavailable from 3pm on Wednesday 12 February, and all day on Thursday 13 February. We apologise for any inconvenience.
Employees and apprentices privacy notice
Read our privacy notice for information on how we collect, store and process your data.
This privacy notice applies to employees (and former employees), workers (including agency, casual and contracted staff), volunteers, trainees, apprentices and those carrying out work experience.
It does not apply to partnership roles, where the employer is someone other than Brighton & Hove City Council. That recruiting council will be able to tell you what privacy arrangements they have in place.
The data controller for your data
Brighton & Hove City Council is the data controller for purposes of the Data Protection Act (2018) and The General Data Protection Regulation (EU) 2016/679 ("GDPR") and is registered as a data controller with the Information Commissioner’s Office (ICO) under registration number Z5840053.
Brighton & Hove City Council are committed to protecting your personal information. As a data controller, we have a responsibility to make sure you know why and how we collect your personal data in accordance with relevant data protection law.
Why we collect your data
We collect your data to enter into a contract with you and to meet our obligations under your contract. For example, we need to process your data to provide you with a contract, to pay you in accordance with your contract and to administer benefit, pension and insurance entitlements.
In addition to this, we collect and process your data to carry out our obligations and exercise specific rights in relation to employment as follows:
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 employee contractual and statutory rights
operate and keep a record of disciplinary, grievance and capability processes, to ensure acceptable performance and conduct within the workplace
operate and keep a record of employee 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 employees are receiving the pay or other benefits they are entitled to
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 employees are receiving the pay or other benefits they are entitled to
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 council complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits they are entitled to
ensure effective general Human Resources, pensions and payroll and business administration including accounting and auditing
provide references on request for current or former employees
statutory reporting
crime prevention and prosecution of offenders
share and match personal information for the National Fraud Initiative
respond to and defend against legal claims
maintain and promote equality in the workplace
health and medical information to support attendance and make reasonable adjustments where applicable in the workplace
We process elective data about ethnic origin, sexual orientation, health, religion or belief, age, gender and marital status to generate statistical equal opportunities information about our workforce.
This information is anonymous and aids us to:
fulfill a statutory duty to assist in ensuring fairness of treatment in appointment decisions, as statistical monitoring shows whether we are treating minority groups equitably
plan our workforce
respond to Freedom of Information requests from the public
The legal basis for collecting your data
We have a legal basis for processing this data to:
successfully carry out the performance of a contract
comply with legal obligations and exercise specific rights in relation to employment
enable us to carry out our tasks, functions, duties or powers or to perform a task carried out in the public interest
elective special category data is collected for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes which shall be proportionate to the aim pursued
The data we may collect
We collect the following information from application forms, CVs or resumes, your passport or other identity documents, or through interviews or other forms of assessment.
We also collect personal data and special category data from third parties, such as references supplied by former employers, information from employment background check providers and information from DBS (Disclosure and Barring Service) checks. The type of information collected from you is as follows:
Personal data
your full name and title
contact details including email address, phone number, and home address
date of birth
gender
National Insurance number
bank account details
details of your employment and training history
education history, qualifications and professional memberships
any information you supply about how you meet the essential or desirable criteria for a role or apprenticeship
declarations about any disciplinary action, resignation in the face of dismissal, disqualifications or unspent convictions
health declarations
marital status, next of kin and emergency contacts
nationality and eligibility to work in the UK
equal opportunities monitoring data
details of your referees
references
terms and conditions of your employment
photo ID for security pass
details on remuneration, including entitlement to benefits such as pensions, childcare vouchers, cycle to work schemes and tax-free loans
working pattern and attendance at work
details of leave taken by you, including holiday, sickness absence, family leave, sabbaticals, special discretionary leave and the reasons for the leave
details of expense claims including subsistence, additional hours and mileage
details of relocation expenses
details of any disciplinary, grievance and capability 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
details of your driver’s licence and car insurance policy to confirm you are lawfully able to drive for work purposes
information relating to health and safety including risk assessments and incident reports
Special category data
We may also collect special category (sensitive) personal data that may include:
physical or mental health details
racial or ethnic origin
gender identity
sexual orientation
offences - including alleged offences
religious views or beliefs
criminal proceedings, outcomes and sentences
Trade Union membership
Who we may share your data with
We may share your data with the following parties after we offer you a role at Brighton & Hove City Council:
relevant central internal teams or departments including HR, Recruitment, Payroll, Pensions, Organisational Development, Finance, Audit and IT
the apprenticeship team
managers in the relevant service area
referees to obtain background checks
DBS checks if applicable to the role applied for
pension providers including LGPS (Local Government Pension Scheme) and teachers pensions
HMRC
Employee benefits providers:
AVC Wise - shared cost AVCs
Charities Aid Foundation - Give As You Earn
Gemelli - childcare vouchers
My Staff Shop - employee discounts and benefits platform
The Green Commute Initiative - cycle to work scheme
Wave Community Bank - chorus workplace savings and loans
Brighton & Hove Buses - 4Work saver bus pass
our mandated managed service provider Guidant Group for shift bookings - care crew only
our Occupational Health service provider Optima Health - including health assessments
counselling and employee assistance provider - Care First
training, including the provision of an electronic learning management system
training provider for you to access their apprenticeship programme and data concerning health to ensure they can make any reasonable adjustments to delivering the apprenticeship
apprenticeship service to access the ESFA funding - apprenticeships only
in exceptional circumstances, we may share your information for the purposes of detection and prevention of crime or fraud
If your job role is transferred to a new employer under the Transfer of Undertakings (Protection of Employment) regulations, we will share your information with the new employer. We will inform you of this in advance.
How long we’ll keep data for and why
We will keep your data for at least 7 years after you have left the organisation. This period is inclusive of the Limitation Act 2010.
In some cases we will keep your data for a longer period which is outlined below.
Fostering service
If you work in the Fostering Service service at any point during your employment at Brighton & Hove City Council, we will hold your data for 15 years after you have left the organisation.
The statutory provision: The Fostering Services Regulations 2011, Regulation 22 (Records with respect to fostering services) / Schedule 2.
Children’s residential homes
If you work at any of our Children’s Residential Homes at any point during your employment, we will hold your data for 75 years after you have left the organisation.
The statutory provision: The Children's Homes Regulations 2001 No. 3967, Section 29 (2).
Safeguarding allegations (both founded and unfounded)
If you have had an allegation (including where the allegation was unfounded), convictions, disciplinary action, inappropriate behaviour and/or have breached the code of conduct in a way that has harmed or may have harmed a child and/or indicates you are unsuitable to work with children or vulnerable people, we will hold your data for 75 years after you have left the organisation.
Asbestos exposure
If we know or suspect you have been exposed to asbestos whilst at work from a Health & Safety Incident Report, we will hold your data for 40 years after you have left the organisation.
The statutory provision: The Control of Asbestos at Work Regulations 2002 (SI 2002/2675). Control of Asbestos Regulations 2006 (SI 2006/2739 ), Regulation 22 (Health records and medical surveillance) and Control of Asbestos Regulations 2012 (SI 2012/632).
Ionising radiation exposure
If we know or suspect you have been exposed to ionising radiation whilst at work from a Health & Safety Incident Report, we will hold your data for 50 years after you have left the organisation.
The statutory provision: The Ionising Radiations Regulations 1999 (SI 1999/32320) Regulations: 21 (Dose assessment and recording), 23 (Dosimetry for accidents etc.), 24 (Medical surveillance), 25 (Investigation and notification of overexposure), 30 (Notification of certain occurrences), 32 (Equipment used for medical exposure).
Lead exposure
If we know or suspect you have been exposed to lead from a Health & Safety Incident Report, we will hold your data for 40 years after you have left the organisation.
The statutory provision: The Control of Lead at Work Regulations 1998 (SI 1998/543) as amended by The Control of Lead at Work Regulations 2002, (SI 2002/2676) Regulation 10 (Medical surveillance).
Compressed air exposure
If we know or suspect you have been exposed to compressed air whilst at work from a Health & Safety Incident Report, we will hold your data for 40 years after you have left the organisation.
The statutory provision: Work in Compressed Air Regulations 1996, Regulation 10 (Medical surveillance).
Hazardous substances exposure
If we know or suspect you have been exposed to hazardous substances whilst at work from a Health & Safety Incident Report, we will hold your data for 40 years after you have left the organisation.
The statutory provision: The Control of Substances Hazardous to Health Regulations 1999 & 2002 (SIs 1999/437 & 2002/2677), Regulation 10 (Monitoring exposure in the workplace).
Your information is stored electronically and/or on paper records, including your application record, in HR management systems and on other IT systems (including email).
We will only make your information available to those who have a right to see it.
Example of the security measures we use are:
training for our staff to allow us to make them aware of how to handle information and how and when to report when something goes wrong
using encryption which means information is hidden so it cannot be read without special knowledge, such as a password - this is done with a secret code, the hidden information is said to then be ‘encrypted’
pseudonymisation which means we’ll use a different name to hide parts of your personal information from view - this means that someone outside the council could work on your information for us without ever knowing it was yours
controlling access to systems and networks allowing us to stop people who are not allowed to view your personal information from getting access to it
regular testing of our technology and ways of working including keeping up to date on the latest security updates commonly called patches
Transferring data outside the European Economic Area
We will not transfer your data outside the European Economic Area.
Your rights
You have a right to:
a copy of data held about you, an explanation for its processing and who it has been shared with
rectification or correction of data which is demonstrably wrong
We will independently investigate all concerns, and respond according to the Council’s feedback procedure.
We aim to respond within 20 working days. We may need to extend this if the matter is complex.
We aim to resolve all complaints about how we handle personal information.
You also have the right to make a complaint about data protection to the Information Commissioner's Office. Contact them by post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or phone 0303 1231 113. You can also make a complaint or find out more information on the Commissioner's Office website.