GDPR: Model recruitment, equal opportunities and TUPE documents updated
Our model policies and documents on recruitment, equal opportunities and transfer of undertakings (TUPE) are among the latest to be updated to comply with the General Data Protection Regulation (GDPR), which is in force from 25 May 2018.
GDPR data protection documents
Data protection documents to use in your GDPR compliance efforts include:
The GDPR requires employers to be transparent about the personal data that they hold and how it is used. They also have to show that they are complying with the GDPR's data protection principles.
Obligations under the GDPR apply to any information provided by, or created about, an individual during the recruitment process. Job applicants should be provided with a privacy notice and might submit a subject access request to the employer to access data about them.
Reference requests also involve processing personal data. Unlike many other employment processes, consent is a valid legal basis for processing data when a reference is being sought because it is freely given. The individual should have the right to withdraw his or her consent at any time.
Employers also need to think about how long they retain job applicants' personal data, for example to keep an unsuccessful job applicants' application on file.
There are a number of GDPR implications for employers' equal opportunities policies. In particular, employers could be processing special category personal data related to a disabled employee's health when implementing reasonable adjustments.
In relation to equal opportunities monitoring, employers can seek a job applicant's consent to the processing of his or her data. While employers should not generally rely on consent as the legal basis for processing data under the GDPR, it is appropriate here because applicants have a genuine choice about providing the information.
Employers involved in a TUPE transfer must be alert to the implications of the GDPR. During the early stages of the due diligence process, data could be anonymised so that individual employees are not identifiable. If an individual is identifiable, the GDPR will apply.
The following recruitment, equal opportunities and TUPE documents have been updated:
Recruitment
- Letter to accompany job application form
- Letter acknowledging receipt of job application form
- Letter making conditional offer of employment
- Form for an individual to apply for a manual post
- Form for an individual to apply for a non-manual post
- Contract clause setting out job description for a junior post
- Contract clause setting out job description for a senior manager
- Letter offering permanent employment to agency worker
- Letter to employee explaining explicit consent is required for special category personal data to be disclosed in reference
- Form for employee to provide explicit consent to disclose special category personal data in reference
Equal opportunities
- Equality, diversity and inclusion (EDI) policy
- Policy on investigating claims of bullying and harassment
- Policy on dealing with bullying and harassment complaints
- Equality, diversity and inclusion (EDI) monitoring form
- Equal opportunities policy relating to disability
- Tailored reasonable adjustments plan for disabled employee
- Question on an application form asking an individual if they require any reasonable adjustments to be made for an interview due to disability
- Question in a job offer letter asking an individual if they require any reasonable adjustments to be made due to disability
- Question on an application form asking an individual if they require any reasonable adjustments to be made in the shortlisting process due to disability
- Transgender equality policy
- Supporting an employee who is transitioning action plan
- Supporting employees with HIV and AIDS policy
Transfer of undertakings
- Letter from transferor informing employee representatives or affected employees about transfer and proposed measures
- Letter from transferor to individual employees confirming transfer of employment
- Letter from transferor inviting employee representatives or affected employees to consultation meeting to discuss proposed measures
- Letter from transferor to notify transferee of employee liability information
- Letter from a transferor to a transferee seeking assurances that employee information disclosed will be safeguarded
- Electing employee representatives procedure (informing and consulting on TUPE transfer)
- Letter to affected employees initiating process for electing employee representatives (informing and consulting on TUPE transfer)
- Form for affected employees to nominate candidates for election as employee representatives (informing and consulting on TUPE transfer)
- Letter to candidates for election as employee representatives (informing and consulting on TUPE transfer)
- Letter to affected employees confirming details of forthcoming election of employee representatives (informing and consulting on TUPE transfer)
We have also updated our model documents in these areas:
Right to work in the UK
GDPR: Model right to work in the UK documents updated We have also revised our model right to work in the UK documents to comply with the GDPR.
Probation
- Probation policy
- Letter inviting employee to meeting to discuss progress during probation
- Letter to employee on probation following internal transfer or promotion
Termination of employment
- Letter informing competitor of contractual obligations of employee on garden leave
- Letter accepting withdrawal of employee's resignation