Employers Privacy Policy

MST collects and processes personal data relating to its employees to manage the employment relationship. MST is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information does MST collect?

MST collects and processes a range of information about you. This may include:

  • your name, address and contact details, including email address and telephone number, date of birth and gender;
  • the terms and conditions of your employment;
  • details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and with MST;
  • information about your remuneration, including entitlement to benefits such as pensions;
  • details of your bank account and national insurance number;
  • information about your next of kin and emergency contacts;
  • information about your nationality and entitlement to work in the UK;
  • details of your days of work / working hours and attendance at work;
  • details of periods of leave taken by you, including holiday and sickness absence and the reasons for the leave;
  • details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
  • assessments of your performance, including appraisals, performance reviews and ratings, performance improvement plans and related correspondence; and
  • information about medical or health conditions, including whether or not you have a disability for which MST needs to make reasonable adjustments.

MST may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from forms completed by you at the start of or during employment; from correspondence with you; or through interviews, meetings or other assessments. In some cases, MST may collect personal data about you from third parties, such as references supplied by former employers.

Data will be stored in a range of different places, including in your personnel file, in MST's HR management systems and in other IT systems (including MST's email system).

Why does MST process personal data?

MST needs to process data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer pension scheme entitlement. In some cases, MST needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee's entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled.

In other cases, MST has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows MST to:

  • run recruitment processes;
  • maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights;
  • operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
  • operate and keep a record of employee performance and related processes, to plan for career development, and for workforce management purposes;
  • operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay or other benefits to which they are entitled;
  • obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that employees are receiving the pay or other benefits to which they are entitled;
  • operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that MST complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which they are entitled;
  • ensure effective general HR and business administration;
  • provide references on request for current or former employees; and
  • respond to and defend against legal claims.

Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities).

Who has access to data?

Your information may be shared internally, including our HR advisors and your line manager, and externally with specific third party staff if access to the data is necessary for the performance of their roles and to enable you to be given access to computer systems.

In addition:

  • MST shares your data with third parties in order to obtain pre-employment references from other employers.
  • MST also shares your data with third parties that process data on its behalf in connection with IT, accountancy and payroll services as well as the provision of pension benefits.
  • MST may transfer your data to countries outside the European Economic Area.

How does MST protect data?

MST takes the security of your data seriously. MST has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties. Where MST engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

For how long does MST keep data?

MST will hold your personal data for the duration of your employment. The period for which your data is held after the end of employment will be a minimum of 7 years.

Your rights

It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal information changes.

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “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 correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing 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 processing of your personal information where we are relying on a 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.
  • Request the restriction of 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 transfer of 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 the Chief Executive in writing.

You will not have to pay a fee to access your personal data or to exercise any of the other rights under data protection laws. However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

If you believe that MST has not complied with your data protection rights, you should contact Fong Bettinson in the first instance so that we can try to resolve the matter for you. You also have the right to complain to the Information Commissioner’s Office.

What if you do not provide personal data?

You have some obligations under your employment contract to provide MST with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide MST with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.

Certain information, such as contact details, your right to work in the UK and payment details, have to be provided to enable MST to enter a contract of employment with you. If you do not provide other information, this will hinder MST's ability to administer the rights and obligations arising as a result of the employment relationship efficiently. Additionally you have to provide your National Insurance number so that we may comply with HMRC rules re Income Tax and national Insurance and our responsibilities under Pension Auto Enrolment rules. Automated decision-making

Employment decisions are not based solely on automated decision-making.

This document was last updated: August 2018

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