Privacy notice for job applicants

Introduction

At the Pre-school Learning Alliance (PSLA) we take your privacy seriously and are committed to ensuring that your personal data is protected in accordance with data protection laws and used in line with your expectations.

This privacy notice explains what personal data we collect, why we collect it, how we use it, the control you have over your personal data and the procedures we have in place to protect it.

When we refer to “we”, “us” or “our”, we mean the PSLA and its wholly owned trading subsidiary, PLAT. The privacy team at PSLA can be contacted at dataprotection@pre-school.org.uk

The full legal information for each entity, each a data controller, is:

PSLA is the Pre-school Learning Alliance, a charity registered in England Wales (number 1096526) and a company incorporated in England and Wales (number 4539003) with its registered office address at 50 Featherstone Street, London, England, EC1Y 8RT. Paul Donaldson is our Data Protection Lead.

What personal data we collect

As part of any recruitment process, we collect and process personal data relating to job applicants. This means that we need to collect a range of information about you. This includes:

your name, address and contact details, including email address and telephone number;

details of your qualifications, training, skills, experience and employment history;

information about your current level of remuneration;

whether or not you have a disability for which we need to make reasonable adjustments during the recruitment process;

information about your entitlement to work in the UK; and

your membership of any professional bodies.

If you are given a conditional offer of employment, you will be required to provide the following additional personal information:

bank details, NI number and P45, to process salary payments;

emergency contact details, so we know who to contact in case you have an emergency at work;

details of your medical history, to check your fitness for the role; and

whether if appointed, there is a potential conflict in interest (our code of conduct requires all staff to declare this).

We collect this information in a variety of ways. For example, data might be contained in application forms/CVs, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment, including tests.

We may also collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks. We will seek information from third parties only once a job offer to you has been made and will inform you that we are doing so.

Why we collect personal data and the legal basis for handling your data

We need to process data at your request prior and in order to enter into an employment contract with you.

In some cases, we need to process data to comply with our legal obligations. For example, we are required to check a successful applicant's eligibility to work in the UK before employment starts.

We have a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate's suitability for employment and decide to whom to offer a job. We may also need to process data from job applicants to respond to any legal claims.

With your consent we may process special categories of data, such as information about ethnic origin, marital status, or religion or belief, to monitor recruitment statistics.

We may also collect information about whether or not applicants are disabled to make reasonable adjustments for candidates who have a disability. We process such information to carry out our legal obligations and exercise specific rights in relation to employment.

For some roles, we are legally required to obtain enhanced Disclosure and Barring Service (DBS) checks about criminal convictions and offences, and check your suitability in line with the Disqualifications by Association Regulations. Where we seek this information, we do so because it is necessary for us to carry out our legal obligations and exercise specific rights in relation to employment. For certain child care roles we are legally obligated to consider the medical history of job applicants. In other cases, it is in our legitimate interest to do so.

If your application is unsuccessful, in some circumstances, we may wish to keep your personal data on file in case there are future employment opportunities for which you may be suited. We will ask for your consent before we keep your data for this purpose and you are free to withdraw your consent at any time.

Who we share your data with

We will not share your data with third parties, unless your application for employment is successful and we make you an offer of employment. We will then share your data with:

current/former employers to obtain references for you;

our DBS processor and the DBS to obtain necessary criminal records checks (only if applicable); and

the Pensions Trust, our pensions provider if you choose or are automatically enrolled into our occupational pension scheme.

Our online recruitment platform provider may be able to access your personal data when carrying out maintenance task and software updates. However, we have a written agreement in place which place this company under a duty of confidentiality.

For some roles, we have a legal obligation to share your personal information with Ofsted, prior to you being able to commence employment with us.

How do we protect your data?

We take the security of your personal data seriously. We have internal policies and strict controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed and to prevent unauthorised access.

Where do we store your data?

All data you provide to us is stored on secure computers or servers located in the UK or the European Economic Area. We also store paper records in locked filing cabinets.

Our third party processors will also store your data on secure IT systems which may be situated inside or outside of the European Economic Area. They may also store data in paper files.

How long do we retain your data?

If your application for employment is unsuccessful, we will hold your data on file for six months after the end of the relevant recruitment process. If you agree to allow us to keep your personal data on file, we will hold your data on file for a further time period for consideration for future employment opportunities. We will ask for your consent to keep your data for this purpose. At the end of that period or once you withdraw your consent, your data is deleted or destroyed.

If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The periods for which your data will be held will be provided to you in our Employee Privacy Notice.

Your rights with respect to your data

As a data subject, you have a number of rights. You can:

request to access, amend or correct the personal data we hold about you;

request that we delete or stop processing your personal data, for example where the data is no longer necessary for the purposes of processing;

request that we transfer your personal data to another person; and

How to ask questions about this notice

If you have any questions, comments or concerns about any aspect of this notice or how we handle your data please contact Michelle Brown via email michelle.brown@pre-school.org.uk

What if you do not provide personal data?

You are under no statutory or contractual obligation to provide data to us during the recruitment process. However, if you do not provide the information, we may not be able to process your application.

Automated decision-making

Your personal information may be used within our recruitment system as part of an automated shortlisting process. Our recruitment system may shortlist candidates on the basis of whether or not they have certain key requirements required for the role. For example, a level 3 childcare qualification. If you are not shortlisted on the basis of an automated decision, then we will inform you that this is the case and will allow you the opportunity to provide us with further information so that a member of staff can review the automated decision.

How to ask questions about this notice

If you have any questions, comments or concerns about any aspect of this notice or how we handle your data please contact Michelle Brown via email michelle.brown@pre-school.org.uk

How to contact the Information Commissioner Office (ICO)

If the HR team has not been able to address your concern, please raise a complaint with our privacy team at dataprotection@pre-school.org.uk or on 020 7697 2593.

If you are concerned about the way your data is handled and remain dissatisfied after raising your concern with our privacy team, you have the right to complain to the Information Commissioner Office (ICO). The ICO can be contacted at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or https://ico.org.uk

Date of this policy

This privacy notice was last updated in May 2018.