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Statement for Work-seeker Data Protection

This Data Protection Statement for work-seekers includes;

  • Our Form to Request of Information About Criminal Convictions
  • Our Privacy Policy for Work Seekers
  • Policy Regarding Candidates with Criminal Convictions
  • Our Data Retention Policy

Form to Request Information About Criminal Convictions

Note to candidates: Before completing this section please read our policy about candidates with criminal convictions in Annex B.

This form must be completed by candidates seeking work in roles which are exempt from the Rehabilitation of Offenders Act 1974. For this reason you are required to disclose information about both spent and unspent convictions.  If you do not wish to be put forward for roles which are exempt from the Rehabilitation of Offenders Act 1974 you are not required to complete this form.  Please ask for the general registration form.

You are not required to declare any information about ‘protected’ offences (offences to which the filtering rules apply).  If you require further information about convictions which are unspent/spent or protected please see the additional guidance sheet attached to this form or you can contact organisations such as NACRO or Unlock for further assistance.

Information requiredDetails
Do you have any spent or unspent criminal convictions?Yes / No
If yes, please provide the offence dates, dates of conviction/caution, offence types and sentences below.
 

 

You are not required to provide any information about protected (filtered) offences.

 

 

If you have declared any convictions you are welcome to provide us with any additional information that you think may be relevant and which will help us to determine your suitability to be put forward for roles with our clients. This could include for example information about the circumstances of the offence, any work (paid or voluntary) or training that you have undertaken since, change in your circumstances etc.

We will seek to put forward/supply the best possible candidates to our clients. Having a criminal conviction will not necessarily exclude you from the process.

Failure to declare a conviction may require us to exclude you from our register if the offence is not declared but later comes to light. If you are working in an assignment with a client at the time that we are made aware of a conviction that  have not disclosed to us, we may be legally required to inform our client of that information and your assignment may be terminated.

Data Protection Statement

Harmony at Home gives work-finding services to its clients and work-seekers. We must process personal data (including sensitive personal data) so that we can provide these services – in doing so, we act as a data controller.  This is why we have asked for your personal data on this form.  When we process your personal data we must do so in accordance with data protection laws.  Those laws require us to give you a Privacy Statement to explain how we manage your personal data. Please see our Privacy Statement in Annex A

APPENDIX 1: REHABILITATION PERIODS  

Note: Sentences of imprisonment of more than 48 months can never be spent.

Sentence

 

Rehabilitation period for adult offenders

Rehabilitation period for young offenders under the age of 18

 

 

Imprisonment of more than 30 months and up to or consisting of 48 months

 

 

7 years from the date the sentence is completed

 

 

42 months from the date the sentence is completed

 

 

Imprisonment of more than 6 months and up to or consisting of 30 months

 

 

48 months from the date the sentence is completed

 

 

24 months from the date the sentence is completed

 

Imprisonment for 6 months or less

 

 

24 months from the date the sentence is completed

 

 

18 months from the date the sentence is completed

 

Dismissal from HM’s Service

 

 

12 months from the date of conviction

 

 

6 months from the date of conviction

 

Detention

 

 

12 months from the date the sentence is completed

 

 

6 months from the date the sentence is completed

 

Fine

 

 

12 months from the date of conviction

 

6 months from the date of conviction

 

Compensation order

 

The date on which the payment is made in full

 

The date on which the payment is made in full

Community or youth rehabilitation order

 

 

12 months from the date provided for by or under the order

 

 

6 months from the date provided for by or under the order

 

A relevant order

 

 

The date provided for by or under the order

 

 

The date provided for by or under the order

 

 


APPENDIX 2: DBS eligibility guidance

The following text is provided by the Disclosure and Barring Service (DBS) copied here under the Open Government Licence

DBS checks: eligibility guidance

Under the Rehabilitation of Offenders Act 1974, a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking, is listed as an exception under the act.

Legal Responsibility

Before an organisation considers asking a person to make an application for a Disclosure and Barring Service (DBS) check, they are legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history.

The information below includes the latest amendments introduced as a result of the Protection of Freedoms Act 2012 and describes occupations that are known as the exceptions to the Rehabilitation of Offenders Act 1974. This is not an exhaustive list as some roles included in the list of exceptions obtain conviction information via other means.

The Ministry of Justice has stated that organisations should not insist that a DBS check forms part of a recruitment exercise or bid when tendering for contracts, unless the services provided meet the criteria for an eligible DBS check as defined by the exceptions, as this would breach employment law.

Standard checks – To be eligible for a standard level DBS check the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.

Enhanced checks – To be eligible for an enhanced level DBS check, the position must be included in both the ROA Exceptions Order and in Police Act Regulations.

Enhanced checks with children’s and/or adults’ barred list check(s) – To be eligible to request a check of the children’s or adults’ barred lists, the position must meet the new definition of regulated activity. There are a small number of other positions for which you can also request list checks.

Using the reference numbers

The reference numbers in the tables below are used by DBS as a reference point only for dealing with enquiries about DBS check eligibility. If you are contacted to confirm eligibility for a position you must provide full details of the job role and explain how the relevant legislation supports the application for a DBS check. It is not sufficient to provide a reference number without supporting evidence.

Please note, as a result of the changes introduced in September 2012, by the Protection of Freedoms Act 2012, the reference numbers have changed significantly.

Where to find further guidance

If you are unsure about whether a position is eligible for a DBS check you should refer to any guidance provided for the job sector, consider obtaining legal advice on the requirements to obtain criminal records checks.

You can also contact the DBS for further advice via email at customerservices@dbs.gsi.gov.uk ; please include the job specification and the roles and duties of the position.

Positions eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

 

Ref No
Any work which is currently defined as regulated activity relating to children within the meaning of Schedule 4 Part 1 of the Safeguarding Vulnerable Groups Act 2006.01(a)
Any work which was defined as regulated activity relating to children within the meaning of Schedule 4 Part 1 of the Safeguarding Vulnerable Groups Act 2006 before the coming into force of section 64 of the Protection of Freedoms Act 2012 on 10th September 2012.01(b)
Any work which is currently defined as regulated activity relating to adults within the meaning of Schedule 4 Part 2 of the Safeguarding Vulnerable Groups Act 2006.02(a)
Any work which was defined as regulated activity relating to vulnerable adults within the meaning of Schedule 4 Part 2 of the Safeguarding Vulnerable Groups Act before the coming into force of sections 65 and 66 of the Protection of Freedoms Act 2012 on 10th September 2012.02(b)
Any office or employment which is concerned with:

a) the provision of care services to vulnerable adults.

b) the representation of, or advocacy services for, vulnerable adults by a service that has been approved by the Secretary of State or created under any enactment; and which is of such a kind as to enable a person, in the course of his normal duties, to have access to vulnerable adults in receipt of such services.

03
Any work in a regulated position within the meaning of Part 2 of the Criminal Justice & Court Services Act 2000. This does not include those working with 16/17 year olds on work experience.04
Any work in a further education institution or 16 to 19 Academy where the normal duties of that work involve regular contact with children.05
Any position which otherwise involves regularly caring for, training, supervising or being solely in charge of children.06
Any position which otherwise involves regularly caring for, training, supervising or being solely in charge of vulnerable adults within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 65 of the Protection of Freedoms Act 2012.07

 

Professions eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

 

Ref No
Healthcare Professional – A person who is regulated by a body mentioned in subsection (3) of section 25 of the National Health Service Reform and Health Care Professions Act 2002.08
Barrister (in England and Wales), solicitor.09
Chartered accountant, certified accountant.10

 

Professions eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

 

Ref No
Veterinary surgeon11
Actuary12
Registered foreign lawyer13
Legal executive14
Receiver appointed by the Court of Protection15

 

Offices, employments and works eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

 

Ref No
Judicial appointment16
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service.17
Designated officers for:

·         magistrates’ courts

·         justices of the peace

·         local justice areas

·         justices’ clerks

·         assistants to justices’ clerks

 

18
Clerks (including deputy and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the district court, Sheriff’s clerks (including sheriff’s clerks’ deputy) and their clerks and assistants.19
Police constables or persons appointed as police cadets and persons employed for the purposes of assisting constables of a Police Force established under any enactment; naval, military and air force police.20
Any employment within the precincts of:

·         a prison

·         a remand centre

·         a removal centre

·         a short term holding facility

·         a detention centre

·         a Borstal institution

·         a young offenders institution

·         members of boards of visitors (England & Wales)

21
Traffic wardens23
Probation officers24
Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties.25
Financial Services position – This means all positions for which the Financial Services Authority or the competent authority for listings are entitled to ask exempted questions to fulfil their obligations under the Financial Services and Markets Act 2000.26
Those working within an Authorised Payment Institution as:

·         Directors and managers

 

27

 

Offices, employments and works eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 Ref No
·         Holders of qualifying holdings

·         Controllers of the Authorised Payment Institution

Any occupation which is:

·         concerned with the management of a place in respect of which the approval of the Secretary of State is required by section 1 of the Abortion Act 1967; or,

·         carrying on a nursing home in England and Wales in respect of which registration is required by Section 187 of the Public Health Act 1936 or Section 14 of the Mental Health Act.

28
Any employment in the Royal Society for the Prevention of Cruelty to Animals (the RSPCA) where the person employed or working, as part of his duties, may carry out humane killing of animals.29
Any office or employment in the Serious Fraud Office.30
Any office or employment in the Serious Organised Crime Agency (SOCA).31
·         The Commissioners for Her Majesty’s Revenue and Customs and any office or employment in their services

·         The Director and any office or employment in the Revenue and Customs Prosecutions Office

32
Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.33
An individual designated under section 2 of the Traffic Management Act 2004.34
Court Positions:

·         Judges’ clerks, secretaries and legal secretaries within the meaning of section 98 of the Supreme Court Act 1981(c)

·         Court officers and court contractors who, in the course of their work, have face to face contact with judges of the Supreme Court, or access to such judges’ lodgings

·         Persons who in the course of their work have regular access to personal information relating to an identified or identifiable member of the judiciary

·         Court officers and court contractors who, in the course of their work, attend either the Royal Courts of Justice or the Central Criminal Court

·         Court security officers and tribunal security officers

·         Court contractors who, in the course of their work, have unsupervised access to court-houses, offices and other accommodation used in relation to the courts

·         Contractors, sub-contractors, and any person acting under the authority of such a contractor or sub-contractor, who, in the course of their work, have unsupervised access to tribunal buildings, offices and other accommodation used in relation to tribunals

 

The following persons:

a) Court officers who execute county court warrants

b) High Court enforcement officers

c) Sheriffs and under-sheriffs

d) Tipstaffs

e) Any other persons who execute High Court writs or warrants who act under the authority of a person listed at (a) to (d)

f) Persons who execute writs of sequestration

35

 

Offices, employments and works eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

 

Ref No
 

g) Civilian enforcement officers as defined in section 125A of the Magistrates’ Courts Act 1980

h) Persons who are authorised to execute warrants under section 125B (1) of the Magistrates’ Courts Act 1980, and any other person (other than a constable) who is authorised to execute a warrant under section 125 (2) of the 1980 Act

i) Persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 of the Courts Act 2003(d)

 

·         the Official Solicitor and his deputy

·         Persons appointed to the office of Public Trustee or deputy Public Trustee, and officers of the Public Trustee

·         Court officers and court contractors who exercise functions in connection with the administration and management of funds in court, including the deposit, payment, delivery and transfer in, into and out of any court of funds in court, and regulating the evidence of such deposit, payment, delivery or transfer, and court officers and court contractors who receive payment in pursuance of a conviction or order of a magistrates’ court

People working in the Department for Education or the Office for Standards in Education, Children’s Services and Skills (Ofsted) with access to sensitive or personal information about children.36
A regulated immigration adviser who provides immigration advice or immigration services under Section 82(1) of the Immigration & Asylum Act 1999(a). This also applies to persons who can act on behalf of and under the supervision of such a registered person.37
Staff working within the Office of the Public Guardian with access to data relating to children and vulnerable adults38
The Commissioners for the Gambling Commission and any office or employment in their service.39

 

Other activities eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

 

Ref No
A person living at the premises where a childminding or day care service is provided or who regularly works on the premises at a time when the childminding takes place40
A person living in the same household as a person whose suitability is being assessed for a position working with children and who lives on the same premises where their work with children would normally take place41
Any employment or other work where the normal duties

a) involve caring for, training, supervising, or being solely in charge of persons aged under 18 serving in the naval, military or air forces of the crown; or

b) include supervising or managing a person employed or working in a capacity referred to in paragraph (a).

42
For adoption purposes43
For foster caring purposes44
Individuals seeking authorisation from the Secretary Of State for the Home Department to become authorised search officers.45

 

Other activities eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

 

Ref No
For the award of public works contracts, public supply contracts and public service contracts in accordance with Directive 2004/17/EC and 2004/18/EC of the European Parliament and of the Council of March 2004(a).46
Football Stewards, supervisors or managers of football stewards.47
Approved Legal Services Body Manager48
Those working for Alternative Business Structures as:

·         Head of Finance and Administration of a licensed body approved under schedule 11 of the Legal Services Act 2007

·         Head of Legal Practice of a licensed body approved under schedule 11 of the Legal Services Act 2007

·         Owners of a licensed body approved under schedule 13 of the Legal Services Act 2007

49
The Commissioner for Older People in Wales, his deputy and any people appointed by the Commissioner, to assist him in the discharge of his functions or authorised to discharge his functions on his behalf.50
Any employment or other work which is normally carried out in premises approved under section 9 of the Criminal Justice and Court Services Act 2000.51
Any person who has applied to be granted membership of the Master Locksmiths Association.52
For National Lottery licensing purposes53

 

Licences eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

 

Ref No
For the purpose of licensing hackney carriages or private hire vehicle drivers (Taxi driver licences).54
For licences issued under Section 25 of the Children & Young Persons Act 1933 (This relates to persons under the age of 18 travelling abroad for the purpose of performing or being exhibited for profit).55
For the purpose of licensing under Section 8 of the Private Security Industry Act 200156
Any person or body required to obtain or retain a licence under regulation 5 of the Misuse of Drugs Regulations 2001 (a) or under article 3(2) of Regulation 2004/273/EC (b) or under article 6(1) of Regulations 2005/111/EC(c).57
Police and Crime Commissioners58

APPENDIX 3: DBS Guidance: Filtering rules for criminal record check certificates

The ‘Filtering rules for criminal record check certificates’ document is produced by the Disclosure and Barring Service.  It is copied here under the Open Government Licence

Filtering rules for criminal record check certificates

For those 18 or over at the time of the offence:

An adult conviction will be removed from a DBS criminal record certificate if:

  • 11 years have elapsed since the date of conviction; and
  • it is the person’s only offence, and
  • it did not result in a custodial sentence.

Even then, it will only be removed if it does not appear on the list of offences relevant to safeguarding.  If a person has more than one offence, then details of all their convictions will always be included.

An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of offences relevant to safeguarding.

For those under 18 at the time of the offence:

  • The same rules apply as for adult convictions, except that the elapsed time period is 5.5 years
  • The same rules apply as for adult cautions, except that the elapsed time period is 2 years.

 

Annex A – Data protection – our Privacy Policy for Work Seekers

In this Annex we explain how Harmony at Home manages your personal data.

  1. Collection and use of personal data
  2. Purpose of processing and legal basis

Harmony at Home will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with work-finding services. This includes for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, putting you forward for job opportunities, arranging payments to you and developing and managing our services and relationship with you and our clients.

In some cases we may be required to use your data for the purpose of investigating, reporting and detecting crime and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.

The legal bases we rely upon to offer these services to you are:

  • Your consent
  • Where we have a legitimate interest (though not applicable to sensitive personal data such as criminal records)
  • To comply with a legal obligation that we have
  • To fulfill a contractual obligation that we have with you
  1. Legitimate interest

This is where Harmony at Home has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us.  Where Harmony at Home has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

  • Managing our database and keeping work-seeker records up to date;
  • Contacting you to seek your consent where we need it;
  • Providing work-finding services to the you, including sending your information to our clients where they have demonstrated an interest in your CV;
  • Contacting you with information about jobs that meet your requirements;
  • Contacting you with information about similar products or services that you have used from us recently.
  1. Recipient/s of data

Harmony at Home will process your personal data and/or sensitive personal data with the following recipients:

  • Clients that we introduce or supply you to such as Nurseries, Households, Event Venues, Parents needing Home Based Childcarers;
  • Your former or prospective new employers that we obtain or give references to;
  • The Recruitment and Employment Confederation and any other trade body that we are a member of;
  • Any other third parties who carry out audits to ensure that we run our business correctly
  • Payroll service providers who manage payroll on our behalf
  • Any franchisee within our network
  • Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers);
  • Our insurers
  • Our legal advisers
  • Social networks
  • Our IT and CRM providers
  • Any public information sources and third party organisations that we may use to carry out suitability checks on work-seekers e.g. Companies House, the Disclosure and Barring Service (DBS), National College for Teaching and Leadership (NCTL), Nursing and Midwifery Council (NMC), General Medical Council (GMC), DVLA, credit reference agencies
  • Government, law enforcement agencies and other regulators e.g the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Local Authority Designated Officers (LADOs), GLAA,
  • Any of our group companies; and
  • Any other organisations you ask us to share your data with.
  1. Statutory/contractual requirement

Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:

  • That if we cannot do all the checks necessary we may not be able to introduce or supply your details to our client.
  1. Overseas Transfers

Harmony at Home may transfer only the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. We will take steps to ensure adequate protections are in place to ensure the security of your information. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

  1. Data retention

Harmony at Home will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time.

The Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.

We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation.

Where Harmony at Home has obtained your consent to process your personal and sensitive personal data, we will do so in line with our retention policy a copy of which is attached in Annex C. Upon expiry of that period Harmony at Home will seek further consent from you. Where consent is not granted Harmony at Home will cease to process your personal data and sensitive personal data.

  1. Your rights

Please be aware that you have the following data protection rights:

  • The right to be informed about the personal data Harmony at Home processes on you;
  • The right of access to the personal data Harmony at Home processes on you;
  • The right to rectification of your personal data;
  • The right to erasure of your personal data in certain circumstances;
  • The right to restrict processing of your personal data;
  • The right to data portability in certain circumstances;
  • The right to object to the processing of your personal data that was based on a public or legitimate interest;
  • The right not to be subjected to automated decision making and profiling; and
  • The right to withdraw consent at any time.

Where you have consented to Harmony at Home processing your personal data and sensitive personal data you have the right to withdraw that consent at any time by contacting the Data Controller who handles data protection issues and, where applicable, any representative of the controller and the data protection officer here;

Contact Details:

Email Address: privacy@harmonyathome.co.uk

There may be circumstances where Harmony at Home will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting those specific reasons.

If you believe that any of your data that Harmony at Home processes is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.

You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.

  1. Complaints or queries

If you wish to complain about this privacy notice or any of the procedures set out in it please contact us using the above details.

You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/, or any other relevant supervisory authority should your personal data be processed outside of the UK, if you believe that your data protection rights have not been adhered to.

Annex B – Policy Regarding Candidates with Criminal Convictions

  • As an organisation assessing applicants’ suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service (DBS), Harmony at Home complies fully with the code of practice and undertakes to treat all applicants for positions fairly
  • Harmony at Home undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed
  • Harmony at Home can only ask an individual to provide details of convictions and cautions that Harmony at Home are legally entitled to know about. Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended, and where appropriate Police Act Regulations as amended)
  • Harmony at Home can only ask an individual about convictions and cautions that are not protected
  • Harmony at Home is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background
  • Harmony at Home has a written policy on the recruitment of ex-offenders, which is made available to all DBS applicants at the start of the recruitment process
  • Harmony at Home actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records
  • Harmony at Home select all candidates for interview based on their skills, qualifications and experience
  • an application for a criminal record check is only submitted to DBS after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a criminal record check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position
  • Harmony at Home ensures that all those in Harmony at Home who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences
  • Harmony at Home also ensures that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974
  • at interview, or in a separate discussion, Harmony at Home ensures that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment
  • Harmony at Home makes every subject of a criminal record check submitted to DBS aware of the existence of the code of practice and makes a copy available on request
  • Harmony at Home undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment.

Annex C – Data Retention Policy

This is the Data Retention Policy of Harmony at Home.

Introduction

We recognise that in the running of our business, we collect and process personal data from a variety of sources. This personal information is collated in several different formats including letters, emails, legal documents, employment records, operations records, images and statements. The personal data is held in both hard copy and electronic form.

Aims of the policy

Our business will ensure that personal data that we hold is kept secure and that it is held for no longer than is necessary for the purposes for which it is being processed. In addition, we will retain the minimum amount of information to fulfill our statutory obligations and the provision of goods or/and services – as required by the data protection legislation, including the General Data Protection Regulation (GDPR).

Retention

This retention policy (with its schedule), is a tool used to assist us in making decisions on whether a particular document should be retained or disposed of. In addition, it takes account of the context within which the personal data is being processed and our business practices.

Decisions around retention and disposal should be taken in accordance with this policy.

Where a retention period of a specific document has expired, a review should always be carried out prior to the disposal of the document. This does not have to be time-consuming or complex. If a decision is reached to dispose of a document, careful consideration should be given to the method of disposal.

Responsibility

Harmony at Home Limited is responsible for keeping this retention schedule up to date, to reflect changing business needs, new legislation, changing perceptions of risk management and new priorities for our business.

Franchisees, employees and staff are responsible for determining (in accordance with this Policy) whether to retain or dispose of specific documents.

Harmony at Home Limited may delegate the operational aspect of this function to its Franchisees and employees.

Franchisees, employees and staff should inform the Harmony at Home Limited Data Controller if in any doubt about minimum retention periods or if the retention of a document is necessary for a potential claim.

Disposal

We must ensure that personal data is securely disposed of when it’s no longer needed. This will reduce the risk that it will become inaccurate, out of date or irrelevant.

The method of disposal should be appropriate to the nature and sensitivity of the documents concerned and includes:

  • Non-Confidential records: place in waste paper bin for disposal
  • Confidential records: shred documents
  • Deletion of Computer Records
  • Transmission of records to an external body
  • Cloud storage

The table below contains the retention period that we have assigned to each type of record. This will be adhered to wherever possible, although it is recognised that there may be exceptional circumstances which require documents to be kept for either shorter or longer periods.

Exceptional circumstances should be reported to the Harmony at Home Limited Data Controller without delay.

Date created: May 2018

All Rights Reserved Harmony at Home Limited © May 2018

Document retention schedule

Type of recordRetention period Where is it stored?ReasonMethod of deletion
Employment Agency Records and Personnel records:
Work-seeker records including

application form/CV, ID checks, terms

of engagement (see also below),

details of assignments, opt-out notices

and interview notes for unsuccessful

candidates

Hirer records including client details,

terms of business (see below),

assignment/vacancy details.

1 year from the last date of supply or introduction

to your client (Conduct of Employment Agencies

and Employment Businesses Regulations 2003

Paper, Computer and CloudConduct RegulationsShred and Delete
Terms of engagement with temporary worker and terms of business with clients6 years in order to deal with any civil action in the

form of contractual claim (Limitation Act 1980) (5

years in Scotland

Paper, Computer and CloudLegalShred and Delete
ReferencesUnder data protection laws, only keep records for as

long as is necessary. However, the Conduct

Regulations require references to be kept for 1 year

following the introduction or supply of a work seeker

to a client

Paper, Computer and CloudConduct RegulationsShred and Delete
Criminal records checks / Disclosure Barring checksNo retention needed, after a recruitment decision has been made and recorded. The DBS Code

requires registered bodies to ‘handle all

information provided to them by DBS, as a

consequence of applying for a DBS product, in line

with the obligations under Data protection Act

1998’

DigitalData Protection Act 1998Delete
National Minimum Wage documentation:

• Total pay by the worker and the hours

worked by the worker

• Overtime/shift premia;

• Any deduction or payment of

accommodation;

• Any absences eg rest breaks, sick leave,

holiday;

• Any travel or training during working

hours and its length;

• Total number of hours in a pay

reference period

For HMRC purposes: 3 years after the end of the

pay reference period following the one that the

records cover (National Minimum Wage Act 1998)

Or 6 years (5 in Scotland) in order to show that you

have paid at least national minimum wage rates if a

breach of contract claim is brought against you.

Paper and ComputerHMRC and National Minimum Age Act 1998Shred and Delete
PAYE records3 years from end of fiscal yearPaperLegalShred
Working time records:

• 48 hour opt out notice

• Annual leave records

2 years from creationPaperEmployment ContractShred
Records held relating to right to work in

the UK

2 years after employment or engagement has

ended – must not be alterable.

Paper and ComputerLegalShred and Delete
Sickness records – statutory sick payRecords can be kept in a flexible manner which best

suits your business but should be kept for payroll

purposes

Paper and ComputerEmployment ContractShred and Delete
Maternity and paternity pay records3 years from end of fiscal yearPaperEmployment ContractShred
Medical and health records30 years after employment ceasesPaperEmployment ContractShred
Unsuccessful candidates6 months after last actionPaper and Email

 

LegalShred and Delete
Accident report forms3 years after last actionPaperHSEShred
Parental leave records5 years from birth of childPaperEmployment ContractShred
Employment records: redundancy, equal opportunities; health & welfare records6 years after last actionPaperEmployment ContractShred
Employees that left the business: emergency contacts and bank account detailsDelete at once after making final salary paymentPaperTo aid with ability to pay and contact employeeShred
Pay & tax: pay deductions, tax forms, payroll, loans6 years after last actionPaper and ComputerEmployment ContractShred and Delete
Records of formal disciplinary actions in employee file6 years after last actionPaperEmployment ContractShred
Records of formal grievances in employee file6 years after last actionPaperEmployment ContractShred
Commercial contracts:
Contracts with suppliers6 years after last actionPaper and ComputerSupply contractShred and Delete
Franchise Agreements6 Years after last actionPaper and ComputerFranchise Agreement, Schedule, Addendums, Appendix and ManualShred and Delete
Guarantees and indemnitiesThe term of the guarantee plus 6 yearsPaper and ComputerAgreements and ContractsShred and Delete
Purchase orders and invoices6 years after last actionPaper, Computer and CloudTax and LegalShred and Delete
 

Tax and Accounting Records:

Tax returns6 years from end of fiscal yearPaper and ComputerAuditShred and Delete
Accounting & financial management information6 years from end of fiscal yearPaper and ComputerAuditShred and Delete
Operational records:
Policies/Procedures6 years after last actionComputer and PaperAuditShred and Delete
Complaints6 years from end of fiscal yearComputer and PaperLegal and AuditShred and Delete
Insurance schedules6 years after last actionPaperLegalShred
Memorandum of associationLife of companyPaperLegalShred
Register of directors and secretariesLife of companyPaperLegalShred
Employer’s liability insurance certificatesLife of companyPaperLegalShred
Intellectual property records:
Copyright material50 years from expiryComputer and PaperLegalShred and Delete
Email records:
Email correspondenceArchive emails after 6 monthsComputerCommunicationsArchive and where necessary Delete Emails in line with this policy.
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