Policy Reference: POL-DP
Revision: MTS-HB-DP-1.4
Revision Date: 02.12.2021
Company: Morpheus Talent Solutions Ltd

Data Protection Policy (GDPR Compliant)

Aim and Scope of Policy

This policy applies to the processing of personal data in manual and electronic records kept by the Company in connection with its human resources function. It also covers the Company’s response to any data breach and other rights under the General Data Protection Regulation.

This policy applies to the personal data of job applicants, existing and former employees, apprentices, volunteers, placement students, workers and self-employed contractors. These are referred to in this policy as relevant individuals.

Personal data is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location or online identifier. It can also include pseudonymised data.

Special categories of personal data is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion and trade union membership. It also includes genetic and biometric data where used for identification purposes.

Criminal offence data is data which relates to an individual’s criminal convictions and offences.

Data processing is any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

The Company is committed to ensuring that personal data, including special categories of personal data and criminal offence data where appropriate, is processed in line with GDPR and domestic laws. All employees are expected to conduct themselves in line with this and related policies.

Where third parties process data on behalf of the Company, the Company will ensure that the third party takes appropriate measures to protect that data. In line with GDPR, the Company understands that it is accountable for the processing, management, regulation, storage and retention of all personal data held in manual records and on computers. 

Types of Data Held

Personal data is kept in personnel files or within the Company’s HR systems. The following types of data may be held by the Company, as appropriate, on relevant individuals:

• Name, address and phone numbers for the individual and next of kin
• CVs and other information gathered during recruitment
• References from former employers
• National Insurance numbers
• Job title, job descriptions and pay grades
• Conduct issues such as letters of concern and disciplinary proceedings
• Holiday records
• Internal performance information
• Medical or health information
• Sickness absence records
• Tax codes
• Terms and conditions of employment
• Training details

Relevant individuals should refer to the Company’s privacy notice for more information on the reasons for its processing activities, the lawful bases relied on for processing and data retention periods. 

Data Protection Principles

All personal data obtained and held by the Company will:

• Be processed fairly, lawfully and in a transparent manner
• Be collected for specific, explicit and legitimate purposes
• Be adequate, relevant and limited to what is necessary for the purposes of processing
• Be kept accurate and up to date
• Not be kept for longer than is necessary for its given purpose
• Be processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing, accidental loss, destruction or damage, by using appropriate technical or organisational measures
• Comply with the relevant GDPR procedures for international transferring of personal data

In addition, personal data will be processed in recognition of an individual’s data protection rights, as follows:

• The right to be informed
• The right of access
• The right for any inaccuracies to be corrected (rectification)
• The right to have information deleted (erasure)
• The right to restrict the processing of the data
• The right to portability
• The right to object to the inclusion of any information
• The right to regulate any automated decision-making and profiling of personal data

Procedures

The Company has taken the following steps to protect the personal data of relevant individuals which it holds or to which it has access:

• It appoints or employs employees with specific responsibilities for:
  • The processing and controlling of data
  • The comprehensive reviewing and auditing of its data protection systems and procedures
  • Overviewing the effectiveness and integrity of all the data that must be protected
• There are clear lines of responsibility and accountability for these different roles
• It provides information to its employees on their data protection rights, how it uses their personal data and how it protects it
• It provides employees with information and training to make them aware of the importance of protecting personal data, how to do this and how to treat information confidentially
• It can account for all personal data it holds, where it comes from, who it is shared with and who it might be shared with
• It carries out risk assessments as part of its reviewing activities to identify vulnerabilities in personal data handling and processing, and to reduce the risks of mishandling and potential breaches of data security
• It recognises the importance of seeking individuals’ consent for obtaining, recording, using, sharing, storing and retaining personal data, and regularly reviews its procedures for doing so
• It has appropriate mechanisms for detecting, reporting and investigating suspected or actual personal data breaches, including security breaches
• It is aware of the implications of transferring personal data internationally

The Company understands that consent must be freely given, specific, informed and unambiguous. Relevant individuals have the absolute and unimpeded right to withdraw that consent at any time. 

Access to Data

Relevant individuals have a right to be informed whether the Company processes personal data relating to them and to access the data that the Company holds about them.

Requests for access to this data will be dealt with under the following guidelines:

• A form on which to make a subject access request is available from the Commercial Manager, Sophie Winslow
• The request should be made to Sophie Winslow at sophie.winslow@morpheus-group.com
• The Company will not charge for the supply of data unless the request is manifestly unfounded, excessive or repetitive, or unless duplicate copies are requested for parties other than the employee making the request
• The Company will respond without delay and, subject to legally permitted exemptions, within one month as a maximum
• This may be extended by a further two months where requests are complex or numerous

Relevant individuals must inform the Company immediately if they believe that the data is inaccurate. The Company will take immediate steps to rectify the information.

For further information on making a subject access request, employees should refer to the Subject Access Request policy, available from Sophie Winslow at sophie.winslow@morpheus-group.com. 

Data Disclosures

The Company may be required to disclose certain data or information in the following circumstances:

• Any employee benefits operated by third parties
• Disabled individuals where reasonable adjustments are required to assist them at work
• Individuals’ health data to comply with health and safety or occupational health obligations
• For Statutory Sick Pay purposes
• HR management and administration, including considering how an individual’s health affects their ability to do their job
• The smooth operation of employee insurance policies or pension plans

These disclosures will only be made where strictly necessary for the purpose. 

Data Security

The Company adopts procedures designed to maintain the security of data when it is stored and transported. More information can be found in its Data Transfer Security Policy, available from Sophie Winslow at sophie.winslow@morpheus-group.com.

In addition, employees must:

• Ensure that all files or written information of a confidential nature are stored securely and are only accessed by people who have a need and a right to access them
• Ensure that all files or written information of a confidential nature are not left where they can be read by unauthorised people
• Check regularly on the accuracy of data being entered into computers
• Always use the passwords provided to access the computer system and not pass them on to people who should not have them
• Use computer screen blanking to ensure that personal data is not left on screen when not in use
• Not keep or transport personal data relating to employees on laptops, USB sticks or similar devices unless authorised by the company directors

Where personal data is recorded on such devices, it should be protected by:

• Ensuring that data is recorded on such devices only where absolutely necessary
• Using an encrypted system so that files needing extra protection are automatically encrypted
• Ensuring that laptops or USB drives are not left lying around where they can be stolen

Failure to follow the Company’s rules on data security may be dealt with under the Company’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice depending on the severity of the failure. 

International Data Transfers

The Company may be required to transfer personal data to countries outside of the EEA because it has clients outside of the EEA. Where this occurs, safeguards such as binding corporate rules, standard data protection clauses or compliance with an approved code of practice are adopted as required. 

Breach Notification

Where a data breach is likely to result in a risk to the rights and freedoms of individuals, it will be reported to the Information Commissioner within 72 hours of the Company becoming aware of it and may be reported in more than one instalment.

Individuals will be informed directly where the breach is likely to result in a high risk to their rights and freedoms.

If the breach is sufficient to warrant notification to the public, the Company will do so without undue delay. 

Training

• New employees must read and understand the policies on data protection as part of their induction
• All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach
• The nominated data controller, auditors and protection officers for the Company are trained appropriately in their roles under GDPR
• All employees who need to use the computer system are trained to protect private data, ensure data security and understand the consequences of any potential lapses and breaches

Records

The Company keeps records of its processing activities including the purpose for the processing and retention periods in its HR Data Record. These records are kept up to date so that they reflect current processing activities. 

Data Protection Officer

The Company’s Data Protection Officer is Sophie Winslow, Commercial Manager.

Morpheus Talent Solutions Ltd
Spaces Maylands Avenue
Hemel Hempstead Industrial Estate
Hemel Hempstead
HP2 7TG

T: +44 (0)203 580 0800

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Employee Privacy Notice

Employee Privacy Notice (GDPR Compliant)

The Company is aware of its obligations under the General Data Protection Regulation (GDPR) and is committed to processing your data securely and transparently. This privacy notice sets out, in line with GDPR, the types of data that we hold on you as an employee of the Company. It also sets out how we use that information, how long we keep it for and other relevant information about your data.

This notice applies to current and former employees, workers and contractors. 

Data Controller Details

The Company is a data controller, meaning that it determines the processes to be used when using your personal data. Our contact details are as follows:

Morpheus Talent Solutions Ltd
Spaces Maylands Avenue
Hemel Hempstead Industrial Estate
Hemel Hempstead
HP2 7TG

T: +44 (0)203 580 0800

Data Protection Principles

In relation to your personal data, we will:

• Process it fairly, lawfully and in a clear, transparent way
• Collect your data only for reasons that we find proper for the course of your employment in ways that have been explained to you
• Only use it in the way that we have told you about
• Ensure it is correct and up to date
• Keep your data for only as long as we need it
• Process it in a way that ensures it will not be used for anything that you are not aware of or have consented to, as appropriate, or lost or destroyed

Types of Data We Process

We hold many types of data about you, including:

• Your personal details including your name, address, date of birth, email address and phone numbers
• Your photograph
• Gender
• Marital status
• Dependants, next of kin and their contact numbers
• Medical or health information including whether or not you have a disability
• Information included on your CV including references, education history and employment history
• Documentation relating to your right to work in the UK
• Driving licence
• Bank details
• Tax codes
• National Insurance number
• Current and previous job titles, job descriptions, pay grades, pension entitlement, hours of work and other terms and conditions relating to your employment with us
• Letters of concern, formal warnings and other documentation with regard to disciplinary proceedings
• Internal performance information including measurements against targets, capability procedures and appraisal forms
• Leave records including annual leave, family leave and sickness absence
• Details of your criminal record
• Training details
• Building entry card records

How We Collect Your Data

We collect data about you in a variety of ways and this will usually start when we undertake a recruitment exercise where we collect the data from you directly. This includes information you would normally include in a CV or recruitment cover letter, or notes made by recruiting officers during a recruitment interview.

Further information is collected directly from you when you complete forms at the start of your employment, for example your bank and next of kin details. Other details may be collected directly from you in the form of official documentation such as your driving licence, passport or other right to work evidence.

In some cases, we collect data from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.

Personal data is kept in personnel files or within the Company’s HR and IT systems. 

Why We Process Your Data

The law on data protection allows us to process your data for certain reasons only:

• In order to perform the employment contract that we are party to
• In order to carry out legally required duties
• In order for us to carry out our legitimate interests
• To protect your interests
• Where something is done in the public interest

Generally, we rely on the first three reasons above to process your data. For example, we need to collect your personal data in order to:

• Carry out the employment contract entered into with you
• Ensure you are paid

We also need to collect your data to ensure we are complying with legal requirements such as:

• Ensuring tax and National Insurance is paid
• Carrying out checks in relation to your right to work in the UK
• Making reasonable adjustments for disabled employees

We also collect data so that we can carry out activities which are in the legitimate interests of the Company, including:

• Making decisions about who to offer initial employment to, and subsequent internal appointments and promotions
• Making decisions about salary and other benefits
• Providing contractual benefits to you
• Maintaining comprehensive and up-to-date personnel records
• Monitoring conduct and performance and undertaking procedures where required
• Offering a method of recourse against decisions via a grievance procedure
• Assessing training needs
• Implementing an effective sickness absence management system
• Gaining expert medical opinion when making decisions about fitness for work
• Managing statutory leave and pay systems such as maternity leave and pay
• Business planning and restructuring exercises
• Dealing with legal claims made against us
• Preventing fraud
• Ensuring our administrative and IT systems are secure and robust against unauthorised access

Special Categories of Data

Special categories of data are data relating to your:

• Health
• Sex life
• Sexual orientation
• Race
• Ethnic origin
• Political opinion
• Religion
• Trade union membership
• Genetic and biometric data

We must process special categories of data in accordance with more stringent guidelines. Most commonly, we will process special categories of data when:

• You have given explicit consent to the processing
• We must process the data in order to carry out our legal obligations
• We must process data for reasons of substantial public interest
• You have already made the data public

We will use your special category data:

• For the purposes of equal opportunities monitoring
• In our sickness absence management procedures
• To determine reasonable adjustments

We do not need your consent if we use special categories of personal data in order to carry out our legal obligations or exercise specific rights under employment law. However, we may ask for your consent to process certain particularly sensitive data. Consent, once given, may be withdrawn at any time. There will be no consequences where consent is withheld or withdrawn. 

Criminal Conviction Data

We will only collect criminal conviction data where it is appropriate given the nature of your role and where the law permits us. This data will usually be collected at the recruitment stage, but may also be collected during your employment.

We process this data because of our legal obligation to our employees and clients.

If You Do Not Provide Your Data to Us

One of the reasons for processing your data is to allow us to carry out our duties in line with your contract of employment.

If you do not provide us with the data needed to do this, we will be unable to perform those duties, for example ensuring you are paid correctly. We may also be prevented from confirming or continuing your employment where needed to comply with our legal obligations, such as confirming your right to work in the UK or carrying out a criminal records check where appropriate. 

Sharing Your Data

Your data will be shared with colleagues within the Company where it is necessary for them to undertake their duties. This includes, for example, your line manager for management purposes, the HR department for maintaining personnel records and the payroll department for administering payment under your contract of employment.

We share your data with third parties in order to, for example, obtain references as part of the recruitment process and manage payroll and workplace pensions. In these instances, it may be necessary to share information relating to National Insurance numbers, salaries and personal addresses.

We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation.

We share your data with bodies outside of the European Economic Area because we have clients outside of the EEA. Where this occurs, safeguards such as binding corporate rules, standard data protection clauses or compliance with an approved code of practice are adopted as required. 

Protecting Your Data

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.

Where we share your data with third parties, we provide written instructions to them to ensure that your data is held securely and in line with GDPR requirements. Third parties must implement appropriate technical and organisational measures to ensure the security of your data. 

How Long We Keep Your Data For

In line with data protection principles, we only keep your data for as long as we need it for, which will be at least for the duration of your employment with us, though in some cases we will keep your data for a period after your employment has ended.

Retention periods can vary depending on why we need your data. All employee documents will be retained for a period of 6 years. 

Automated Decision Making

No decision will be made about you solely on the basis of automated decision making, where a decision is taken about you using an electronic system without human involvement, which has a significant impact on you. 

Your Rights in Relation to Your Data

The law on data protection gives you certain rights in relation to the data we hold on you. These are:

• The right to be informed
• The right of access
• The right for any inaccuracies to be corrected
• The right to have information deleted
• The right to restrict the processing of the data
• The right to portability
• The right to object to the inclusion of any information
• The right to regulate any automated decision-making and profiling of personal data

Where you have provided consent to our use of your data, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. In some cases, we may continue to use the data where permitted because we have another legitimate reason for doing so.

If you wish to exercise any of the rights explained above, please contact Sophie Winslow at sophie.winslow@morpheus-group.com. 

Making a Complaint

The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.