East Midlands Railway Privacy Notice: Recruitment
INTRODUCTION
EAST MIDLANDS RAILWAY (‘EMR’) is a “data controller.” This means that we are responsible for deciding how we hold and use personal information about you. You have been provided with a copy of this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). This privacy notice makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation (GDPR).
DATA PROTECTION PRINCIPLES
We will comply with data protection law, which means that your data will 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.
- 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 KIND OF INFORMATION WE HOLD ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation.
In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:
- The information you have provided to us in your curriculum vitae and covering letter.
- The information you have provided on our application form, including name, title, address, telephone number, and personal email address, date of birth, gender, employment history and qualifications.
- Information provided to us during interview, including details of your nominated referees, your immigration/visa status, video interview, and psychometric tests.
- Medical test results.
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation.
- Information about your health, including any medical condition, health and sickness records.
- Information about criminal convictions and offences.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about candidates from the following sources:
- You, the candidate.
- The search or recruitment agency which you are applying through, from which we collect the following categories of data: name, title, address, personal email address, employment history, qualifications, curriculum vitae.
- ‘Atlantic Data’ background check provider, from which we collect the following categories of data: Information about criminal convictions and offences.
- Disclosure and Barring Service in respect of any criminal convictions.
- Your named referee(s), from whom we collect the following categories of data: Employment history, train driving licence and associated operational safety record.
HOW WE WILL USE INFORMATION ABOUT YOU
We will use the personal information we collect about you to:
- Assess your skills, qualifications and suitability for the work and/or role.
- Carry out background and reference checks, where applicable.
- Communicate with you about the recruitment process.
- Keep records related to our hiring processes.
- Comply with legal and or regulatory requirements.
It is in our legitimate interests to decide whether to appoint you to the role that you have applied for, since it would be beneficial to our business to appointment someone to that role.
We also need to process your personal information to decide whether to enter into a contract of employment with you.
Having received your CV, covering letter and/or application form and the results from your psychometric tests (where applicable), we will process this information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether to offer you the role or work. If we decide to offer you the role or work, we will then take up references and criminal record checks (where applicable) before confirming your appointment. You will also be invited to attend an appointment with our Occupational Health department (where applicable).
If you are accepted for a role or work at East Midlands Railway Limited, the information collection during the recruitment process will form part of your ongoing employee record(s) and will be processed in accordance with our Employee Privacy Notice.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
FAILURE TO PROVIDE PERSONAL INFORMATION
If you fail to provide personal information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for this role and your fail to provide us with relevant details, we will not be able to take your application further.
HOW WE USE SENSITIVE OR “SPECIAL CATEGORY” PERSONAL INFORMATION
We will use your sensitive personal information in the following ways:
- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test, interview or assessment event.
- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting. This data is not used in the recruitment decision making process.
INFORMATION ABOUT CRIMINAL CONVICTIONS
We envisage that we will process information about criminal convictions.
We will collect information about your criminal conviction history if we would like to offer you the work or role (conditional on checks and any other conditions, such as references, being satisfactory). We are entitled to carry out a criminal records check as part of the recruitment process in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role. In particular if the role:
- Would require you to work with or supervise young people or vulnerable adults and so we would like to ask you to seek an enhanced check from the Disclosure and Barring Service.
- Is listed on the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023) and is also specified in the Police Act 1977 (Criminal Records) Regulations (SI 2002/233) so is eligible for enhanced check from the Disclosure and Barring Service.
- Requires a high degree of trust and integrity as is involves working with money or the company’s finances and so is eligible for the standard check from the Disclosure and Barring Service.
- Requires a high degree of trust and integrity as it involves performing safety critical work that is subject to regulation by the Office of Rail and Road (ORR) and so is eligible for the standard check from the Disclosure and Barring Service.
We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.
AUTOMATED DECISION MAKING
You will not be subject to decisions that will have a significant impact on you based solely on automated decision making.
DATA SHARING
We will only share your personal information with the following third-parties for the purpose of processing your application:
- Recruitment or executive search agencies involved in your application.
- Background checking or other screening providers and relevant criminal records checking agencies, for example Atlantic Data.
- Data storage, shared services and recruitment platform providers, IT developers and support providers and providers of hosting services in relation to our careers website, for example Stonefish, Shortlister and Abellio Shared Services Centre.
- Third parties who provide support and advice including in relation to legal, financial / audit, management consultancy, insurance, health and safety, security and intel and whistleblowing / reporting issues, for example Stonefish, Shortlister, Kennedys Law and Abellio Shared Services Centre.
All our third-party service providers and other entities within the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
DATA SECURITY
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from Abellio Group Head of Information Security.
DATA RETENTION
We will retain your personal information for a period of 12 months after we have communicated to you our decision about whether to appoint you to the role. If We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment process in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with our data retention schedule.
If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.
YOUR RIGHTS AS A DATA SUBJECT
Under certain circumstances, by law you have the right to:
- Request accessto your personal information (commonly known as “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correctionof the personal information that we hold about you. This enables you to have any incomplete or inaccurate information that we hold about you corrected.
- Request erasureof your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processingof your personal information where we are relying on legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where w4e are processing your personal information for direct marketing purposes.
- Request the restrictionof processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transferof your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact East Midlands Railway Compliance Manager-Data Protection in writing or via email: dataprotection@eastmidlandsrailway.co.uk.
We respond to all requests received from individuals wishing to exercise their data protection rights in accordance with the applicable data protection laws.
RIGHT TO WITHDRAW CONSENT
On the date that you submitted your application for employment with EMR you provided consent to us processing your personal information for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact our Talent Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our data retention schedule, we will dispose of your personal data securely.
ENSURING COMPLIANCE
We have an appointed Compliance Manager- Data Protection to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please email: dataprotection@eastmidlandsrailway.co.uk.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.East Midlands Railway Privacy Notice: recruitment
INTRODUCTION
EAST MIDLANDS RAILWAY (‘EMR’) is a “data controller.” This means that we are responsible for deciding how we hold and use personal information about you. You have been provided with a copy of this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). This privacy notice makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation (GDPR).
DATA PROTECTION PRINCIPLES
We will comply with data protection law, which means that your data will 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.
- 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 KIND OF INFORMATION WE HOLD ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation.
In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:
- The information you have provided to us in your curriculum vitae and covering letter.
- The information you have provided on our application form, including name, title, address, telephone number, and personal email address, date of birth, gender, employment history and qualifications.
- Information provided to us during interview, including details of your nominated referees, your immigration/visa status, video interview, and psychometric tests.
- Medical test results.
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation.
- Information about your health, including any medical condition, health and sickness records.
- Information about criminal convictions and offences.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about candidates from the following sources:
- You, the candidate.
- The search or recruitment agency which you are applying through, from which we collect the following categories of data: name, title, address, personal email address, employment history, qualifications, curriculum vitae.
- ‘Atlantic Data’ background check provider, from which we collect the following categories of data: Information about criminal convictions and offences.
- Disclosure and Barring Service in respect of any criminal convictions.
- Your named referee(s), from whom we collect the following categories of data: Employment history, train driving licence and associated operational safety record.
HOW WE WILL USE INFORMATION ABOUT YOU
We will use the personal information we collect about you to:
- Assess your skills, qualifications and suitability for the work and/or role.
- Carry out background and reference checks, where applicable.
- Communicate with you about the recruitment process.
- Keep records related to our hiring processes.
- Comply with legal and or regulatory requirements.
It is in our legitimate interests to decide whether to appoint you to the role that you have applied for, since it would be beneficial to our business to appointment someone to that role.
We also need to process your personal information to decide whether to enter into a contract of employment with you.
Having received your CV, covering letter and/or application form and the results from your psychometric tests (where applicable), we will process this information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether to offer you the role or work. If we decide to offer you the role or work, we will then take up references and criminal record checks (where applicable) before confirming your appointment. You will also be invited to attend an appointment with our Occupational Health department (where applicable).
If you are accepted for a role or work at East Midlands Railway Limited, the information collection during the recruitment process will form part of your ongoing employee record(s) and will be processed in accordance with our Employee Privacy Notice.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
FAILURE TO PROVIDE PERSONAL INFORMATION
If you fail to provide personal information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for this role and your fail to provide us with relevant details, we will not be able to take your application further.
HOW WE USE SENSITIVE OR “SPECIAL CATEGORY” PERSONAL INFORMATION
We will use your sensitive personal information in the following ways:
- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test, interview or assessment event.
- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting. This data is not used in the recruitment decision making process.
INFORMATION ABOUT CRIMINAL CONVICTIONS
We envisage that we will process information about criminal convictions.
We will collect information about your criminal conviction history if we would like to offer you the work or role (conditional on checks and any other conditions, such as references, being satisfactory). We are entitled to carry out a criminal records check as part of the recruitment process in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role. In particular if the role:
- Would require you to work with or supervise young people or vulnerable adults and so we would like to ask you to seek an enhanced check from the Disclosure and Barring Service.
- Is listed on the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023) and is also specified in the Police Act 1977 (Criminal Records) Regulations (SI 2002/233) so is eligible for enhanced check from the Disclosure and Barring Service.
- Requires a high degree of trust and integrity as is involves working with money or the company’s finances and so is eligible for the standard check from the Disclosure and Barring Service.
- Requires a high degree of trust and integrity as it involves performing safety critical work that is subject to regulation by the Office of Rail and Road (ORR) and so is eligible for the standard check from the Disclosure and Barring Service.
We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.
AUTOMATED DECISION MAKING
You will not be subject to decisions that will have a significant impact on you based solely on automated decision making.
DATA SHARING
We will only share your personal information with the following third-parties for the purpose of processing your application:
- Recruitment or executive search agencies involved in your application.
- Background checking or other screening providers and relevant criminal records checking agencies, for example Atlantic Data.
- Data storage, shared services and recruitment platform providers, IT developers and support providers and providers of hosting services in relation to our careers website, for example Stonefish, Shortlister and Abellio Shared Services Centre.
- Third parties who provide support and advice including in relation to legal, financial / audit, management consultancy, insurance, health and safety, security and intel and whistleblowing / reporting issues, for example Stonefish, Shortlister, Kennedys Law and Abellio Shared Services Centre.
All our third-party service providers and other entities within the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
DATA SECURITY
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from Abellio Group Head of Information Security.
DATA RETENTION
We will retain your personal information for a period of 12 months after we have communicated to you our decision about whether to appoint you to the role. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment process in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with our data retention schedule.
If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.
YOUR RIGHTS AS A DATA SUBJECT
Under certain circumstances, by law you have the right to:
- Request accessto your personal information (commonly known as “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correctionof the personal information that we hold about you. This enables you to have any incomplete or inaccurate information that we hold about you corrected.
- Request erasureof your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processingof your personal information where we are relying on legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where w4e are processing your personal information for direct marketing purposes.
- Request the restrictionof processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transferof your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact East Midlands Railway Compliance Manager-Data Protection in writing or via email: dataprotection@eastmidlandsrailway.co.uk.
We respond to all requests received from individuals wishing to exercise their data protection rights in accordance with the applicable data protection laws.
RIGHT TO WITHDRAW CONSENT
On the date that you submitted your application for employment with EMR you provided consent to us processing your personal information for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact our Talent Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our data retention schedule, we will dispose of your personal data securely.
ENSURING COMPLIANCE
We have an appointed Compliance Manager- Data Protection to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please email: dataprotection@eastmidlandsrailway.co.uk.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
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