Privacy Policy

Information to be provided by Francis Construction Limited (”we, us, our” or ”Organisation”) where personal data relating to [e.g. employees, workers] is processed by the Organisation

What is the purpose of this policy?

We are a “data controller” and we collect, store, hold, process, use, record, consult, disclose, erase, make decisions based upon, destroy and in some instances transmit personal data about you (together these activities are referred to as “Process”, “Processed” or “Processing”).

This Privacy Notice for Employees and Workers (“Privacy Notice”) sets out the information that must be provided by us to you (the “Data Subject”) at the time your personal data is obtained. It is drafted in compliance with UK data protection laws. The person responsible for overseeing data protection compliance issues within the Organisation is the Office Manager, who you can contact on 01635862222.

This Privacy Notice concerns your personal data and special categories of data, together referred to as “Data” in the Privacy Notice. This Privacy Notice describes how we collect and use Data about you both during and after your working relationship with us and gives examples of the types of Data we hold, Processing activities and the justifications for that Processing.

This Privacy Notice applies to current and former employees, workers and contractors. This Privacy Notice does not form part of any contract of employment or other contract to provide services.

It is important that you read this Privacy Notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing Data about you, so that you are aware of how and why we are using such information. This Privacy Notice should also be read in conjunction with the Organisation’s Data Protection Policy.

The Data Protection Principles

We will comply with UK data protection laws which state that the Data we hold about you must be:

• Used lawfully, fairly and in a transparent way
• Collected only for valid purposes that we have clearly explained to you and not used in any way
that is incompatible with those purposes
• Adequate and relevant to the purposes we have told you about and limited only to those
purposes
• Accurate and kept up to date
• Kept only as long as necessary for the purposes we have told you about
• Kept securely

The types of Data we hold

Data means any personal data or special categories of data about an individual from which that person can be identified. It does not include information where the identity has been removed (anonymous data). “Special categories” of more sensitive personal data require a higher level of protection.

We may collect, store, use and Process the following personal data or categories of personal data about you:

a. Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses

b. Date of birth

c. Gender

d. Marital status and dependants

e. Next of kin and emergency contact information

f. National Insurance number

g. Bank account details, payroll records and tax status information

h. Salary, annual leave, pension and benefits information

i. Start date

j. Location of employment or workplace

k. Copy of driving licence and insurance documents

l. 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)

m. Employment records (including job titles, work history, working hours, training records and professional memberships)

n. Compensation history

o. Performance information

p. Disciplinary and grievance information

q. CCTV footage and other information obtained through electronic means such as swipecard
records

r. Information about your use of our information and communications systems (including email, internet, social media, telephones)

s. Vehicle tracking information

t. Photographs and profiles

We may also Process or collect Data which is more sensitive and falls within the definition of special categories of data. The types of special categories of data we might collect or Process may include (but are not limited to):

a. Information about your sex, race, ethnic or national origin, religious or philosophical beliefs, sexual orientation and political opinions

b. Information about your health, including any physical or mental condition or disability, health and sickness records and GP Fit Notes including medical reports

c. Genetic information and/or biometric data

d. Personal social media use

e. Information about criminal convictions and offences

These lists of Data (personal data and special categories of data) and the examples of Processing are not exhaustive.

How your Data is Processed and in what situations

The situations in which we will Process your Data (personal data and special categories of data) are listed below:

• Making decisions about your recruitment or appointment
• Determining the terms on which you work for us
• Checking you are legally entitled to work in the UK
• Undertaking employment screening to assess your suitability for a role
• Paying you and, if you are an employee, deducting tax and National Insurance contributions
• Providing and administering the following benefits to you: holidays, etc.
• Liaising with our benefit providers, pension providers, insurers or agents
• Administering the contract we have entered into with you
• Business management and planning, including accounting and auditing and marketing
• 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 or disciplinary hearings
• Making decisions about your continued employment or engagement
• Making arrangements for the termination of our working relationship
• 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 (including liaising with occupational health, clinicians or other
medical professionals) or providing appropriate workplace adjustments
• Monitoring and managing sickness absence and other absences, sick pay and other sickness
benefits
• Complying with health and safety obligations
• To prevent fraud, breaches on intellectual property rights, unauthorised access to our IT systems
or to detect a crime
• To comply with employment and other laws relating to family-related or other statutory leave
and pay entitlements

• To monitor your use of our information and communication systems to ensure compliance with our IT policies, social media policies, email and internet use policies
• Monitoring telephone calls
• To ensure network and information security, including preventing unauthorised access to our
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
• Equal opportunities monitoring and reporting
• Business sales or acquisitions including due diligence processes
• Providing references (including reference to mortgage companies)

We may Process Data about you in compliance with our Lawful Basis (see below) and/or where this is required or permitted by law. Some of the above grounds for Processing will overlap and there may be several grounds which justify our use of your Data.

How we will use Data about you – the “Lawful Basis”

Under Data Protection laws, data controllers have to explain how Data about Data Subjects is used because they can only use Data when they are permitted to do so by law. Data controllers will be permitted to use Data by law when they can establish a “Lawful Basis”. Below we set out each Lawful Basis relevant to us in relation to your personal data and special categories of data.

Each Lawful Basis for the Organisation’s Processing or use of personal data is as follows:

a. Where we need to perform the contract we have entered into with you

b. Where we need to comply with a legal obligation

c. Where it is necessary for our legitimate interests (or those of a third party) and your interests
and fundamental rights do not override those interests.

We may also use your personal data in the following situations, which are likely to be rare:

a. Where we need to protect your interests (or someone else’s interests)

b. Where it is needed in the public interest or for official purposes

Each Lawful Basis for the Organisation’s Processing of special categories of data is as follows:

a) Where we need to carry out our legal obligations and in line with our data protection policy or other relevant policy

b) Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and in line with our data protection policy

c) Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards

Less commonly, we may process special categories of data 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. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

Our Legitimate Interests

With regards to our ‘legitimate interests’ referred to above, these would include, but are not limited to:

• The furtherance of the Organisation’s business operations, services and products
• The furtherance of our HR and Marketing functions and initiatives
• The pursuit or defence of any claims, rights or litigation or detection of a crime
• Our accounting or auditing functions and reporting duties
• The furtherance of the Organisation’s commercial development, strategy, planning or growth including any business sales or transactions
• The protection of the Organisation’s intellectual property rights, confidential information, security or product development
• Monitoring and ensuring compliance with our policies, processes and procedures such as security, fraud prevention, employee benefits and training.

Consent to Process your Data

We do not need your consent if we use special categories of data in accordance to carry out our legal obligations or exercise specific rights in relation to employment law requirements, or as we set out in our Data Protection Policy. In limited circumstances, we may approach you for your specific written consent to allow us to process certain particularly sensitive Data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to give us your consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Third Party Recipients of Data

From time to time, we may collect and share your Data with third parties, including third party service providers or other entities within our group.

We will share your Data with other entities in our group as part of our 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.

We will share your Data with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. For example, the following activities are carried out by third-party service providers: pension administration and IT services.

We may share your Data 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 Data with a regulator or to otherwise comply with the law.

The recipients or categories of recipients of the Data may include: