Privacy Policy for Employees, Workers & Consultants
WHAT IS THE PURPOSE OF THIS PRIVACY NOTICE?
Leicester Theatre Trust Ltd (the Company) Company is committed to protecting the privacy and
security of your personal information.
This privacy notice describes how we collect and use personal information about you during and after
your working relationship with us, in accordance with the UK General Data Protection Regulation
(UK GDPR).
The Company is a “data controller”. This means that we are responsible for deciding how we hold and
use personal information about you. We are required under data protection legislation to notify you of
the information contained in this privacy notice.
This notice applies to current and former employees, workers, contractors, freelancers and creatives.
This notice does not form part of any contract of employment or other contract to provide services.
We may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on
specific occasions when we are collecting or processing personal information about you, so that you
are aware of how and why we are using such information.
The contact details for the Company are: Leicester Theatre Trust Ltd, Curve Theatre, Rutland Street,
Leicester, LE1 1SB.
Data protection principles
We will comply with data protection law. This says that the personal information we hold about you
must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that
is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. 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.
We may collect, store, and use the following categories of personal information about you:
• Personal contact details such as name, title, addresses, telephone numbers, and personal email
addresses.
• Date of birth.
• Gender
• Marital status and dependants.
• Next of kin and emergency contact information.
• National Insurance number.
• Bank account details, payroll records and tax status information.
• Salary, annual leave, pension and benefits information.
• Start date.
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• Leaving date and your reason for leaving.
• Location of employment or workplace.
• Copy of driving licence, if relevant to your job role, or if used for ID purposes.
• Recruitment information (including copies of right to work documentation, references and other
information included in a CV or cover letter or as part of the application process).
• Employment records (including job titles, work history, working hours, training records and
professional memberships).
• Compensation history.
• Performance information.
• Disciplinary and grievance information.
• CCTV footage and other information obtained through electronic means.
• Information about your use of our information and communications systems.
• Photographs and video footage.
• Results of HMRC employment status check, details of your interest in and connection with the
intermediary through which your services are supplied.
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 and political opinions.
• Trade union membership.
• Information about your health, including any medical condition, health and sickness records.
• Genetic information and biometric data.
• Information about criminal convictions and offences.
How is your personal information collected?
We collect personal information about employees, workers, contactors, freelancers and creatives
through the application and recruitment process, either directly from candidates or sometimes from an
employment agency or background check provider. We may sometimes collect additional information
from third parties including former employers, credit reference agencies or other background check
agencies.
We will collect additional personal information in the course of job-related activities throughout the
period of you working for us.
How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use
your personal information in the following circumstances:
1. Where we need to perform the contract we have entered into with you;
2. Where we need to comply with a legal obligation;
3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and
fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
1. Where we need to protect your interests (or someone else’s interests).
2. Where it is in the public interest.
How we use particularly sensitive personal information
“Special categories” of particularly sensitive personal information require higher levels of protection.
This information includes the following information: race or ethnic origin, political opinions, religious or
philosophical beliefs, trade union membership, genetic/biometric data, health, sex life or sexual
orientation.
In so far as your personal information amounts to special categories of personal data, in addition to
the above, we will most likely use your personal information in the following additional circumstances:
1. In limited circumstances, with your explicit written consent;
2. Where it is necessary for the purposes of carrying out obligations and exercising rights under
employment, social security and social protection law and in line with our data protection policy;
3. Where it is necessary to protect your vital interests (in emergency situations);
4. Where the processing is necessary for reasons of substantial public interest (such as equal
opportunities monitoring) and in line with our data protection policy;
5. Where the processing is necessary for the purposes of occupational medicine, medical diagnosis or
for the assessment of your working capacity on health grounds etc pursuant to a contract with a
health professional.
6. Where the processing is necessary for the establishment, exercise or defence of legal claims.
Situations in which we will use your personal information
We need all the categories of information in the list above primarily to allow us to perform our contract
with you [*] and to enable us to comply with legal obligations [**]. In some cases we may use your
personal information to pursue legitimate interests of our own or those of third parties [***], provided
your interests and fundamental rights do not override those interests. We have indicated by asterisks
the purpose or purposes for which we are processing or will process your personal information, as
well as indicating which categories of data are involved. Where a legitimate interest is involved, we
state what the legitimate interest is.
The situations in which we will process your personal information are listed below.
• Making a decision about your recruitment or appointment * and *** which will include obtaining
references from your referees.
• Determining the terms on which you work for us * and ** and ***.
• Determining whether your engagement is deemed employment for the purposes of Chapter 10 of
Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) and providing you with a
status determination statement in accordance with the applicable provisions of ITEPA 2003 *, and**.
• Checking you are legally entitled to work in the UK *, ** and ***.
• Paying you * and, if you are an employee or deemed employee for tax purposes, deducting tax and
National Insurance contributions ** and *** (which will include obtaining bank account details from
you).
• Providing the following benefits to you: Health Cash Plan through Medicash (permanent employees
only), Life Assurance through Canada Life (permanent employees only), Curve Membership
(permanent employees and workers).*
• Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties*.
• Liaising with your pension provider. *
• Administering the contract we have entered into with you.*, and ** and ***
• Business management and planning, including accounting and auditing ***.
• Conducting performance reviews, managing performance and determining performance
requirements.***
• Making decisions about salary reviews and compensation. * and ** and ***
• Assessing qualifications for a particular job or task, including decisions about promotions.***
• Gathering evidence for possible grievance or disciplinary hearings.** and ***
• Making decisions about your continued employment or engagement.** and ***
• Making arrangements for the termination of our working relationship.** and ***
• Education, training and development requirements.** and ***
• Dealing with legal disputes involving you, or other employees, workers and contractors, including
accidents at work. ** and ***
• Ascertaining your fitness to work and considerations of reasonable adjustments ** and *** (we will in
addition rely on special category additional conditions 2 and 5 above)
• Managing sickness absence. * and ** and *** (we will in addition rely on special category additional
conditions 2 and 5 above)
• Complying with health and safety obligations.** (and special category additional condition 2 above)
• To prevent fraud ** and ***.
• To monitor your use of our information and communication systems to ensure compliance with our
IT policies.** and ***
• To ensure network and information security, including preventing unauthorised access to our
computer and electronic communications systems and preventing malicious software distribution.**
and ***
• Equal opportunities monitoring.** and *** (and special category additional conditions 2 and 4 above)
Some of the above grounds for processing will overlap and there may be several grounds which
justify our use of your personal information.
We will use your particularly sensitive personal information in the following ways:
• We will use information relating to leaves of absence, which may include sickness absence or
family related leaves, to comply with employment and other laws.
• We will use information about your physical or mental health, or disability status, to ensure your
health and safety in the workplace and to assess your fitness to work, to provide appropriate
workplace adjustments, to monitor and manage sickness absence and to administer benefits.
• 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.
• We will use trade union membership information to pay trade union premiums, register the status of
a protected employee and to comply with employment law obligations.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract
we have entered into with you (such as paying you or providing a benefit), or we may be prevented
from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we
reasonably consider that we need to use it for another reason and that reason is compatible with the
original purpose. If we need to use your personal information for an unrelated purpose, we will notify
you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in
compliance with the above rules, where this is required or permitted by law.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance
with our written policy to carry out our legal obligations or exercise specific rights in the field of
employment law. In limited circumstances, we may approach you for your written consent to allow us
to process certain particularly sensitive data. If we do so, we will provide you with full details of the
information that we would like and the reason we need it, so that you can carefully consider whether
you wish to consent. You should be aware that it is not a condition of your contract with us that you
agree to any request for consent from us.
We do not need your consent where the purpose of the processing is to protect you or another person
from harm or to protect your well-being and if we reasonably believe that you need care and support,
are at risk of harm and are unable to protect yourself.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This
will usually be where such processing is necessary to carry out our obligations and provided we do so
in line with our data protection policy.
Less commonly, we may use information relating to criminal convictions where it is necessary in
relation to legal claims, where it is necessary to protect your interests (or someone else’s interests)
and you are not capable of giving your consent, or where you have already made the information
public.
We will only collect information about criminal convictions if it is appropriate given the nature of the
role and where we are legally able to do so. Due to the fact that we work with children and vulnerable
adults, if relevant to your role, we are required to undertake checks of job applicants or employees
and workers, consultants and freelancers to check their suitability for such work. Such checks include
checks regarding spent and unspent criminal convictions. We are permitted to obtain this information
under Part II, Schedule 1 of the Rehabilitation of Offenders Act (Exceptions) Order 1975 (as
amended).
All checks for these purposes are carried out using the Disclosure and Barring Service (DBS). We use
the information received from a DBS check to determine your suitability for the role. Any job offer or
agreement for you to undertake work with us may (dependant on the role) be conditional on you
agreeing to submit to a DBS check and to our receiving the outcome of such checks to determine
your suitability for employment or engagement with us. Such checks will be renewed periodically.
Data sharing
We may have to share your data with third parties, including third-party service providers.
We require third parties to respect the security of your data and to treat it in accordance with the law.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary
to administer the working relationship with you or where we have another legitimate interest in doing
so.
Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated agents)
and other entities within our group. The following third-party service providers process personal
information about you for the following purposes:
Medicash – Health Cash plan
Canada Life – Life Assurance
Arts Council England – annual monitoring (anonymous)
iHasco – online training platform
Staff Savvy – HR system
Spektrix -Ticketing system
The Audience Agency (research and analysis service)
Freelancers/Creatives
Contact details may be shared with other artists/creatives involved in any specific show/project via
contact sheet
How secure is my information with third-party service providers and other entities in our
group?
All our third-party service providers and other entities in 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.
When might you share my personal information with other entities in the group?
We will share your personal information with other entities in our group as part of our regular reporting
activities on company performance, in the context of a business reorganisation or group restructuring
exercise, for system maintenance support and hosting of data.
What about other third parties?
We may share your personal information with other third parties, for example in the context of the
possible sale or restructuring of the business. We may also need to share your personal information
with a regulator or to otherwise comply with the law.
Transferring information outside the UK
We will not transfer your personal information outside the UK.
Data security
We have put in place measures to protect the security of your information. Details of these measures
are available upon request.
Third parties will only process your personal information on our instructions and where they have
agreed to treat the information confidentially and to keep it secure.
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.
We have put in place procedures to deal with any suspected data security breach and will notify you
and any applicable regulator of a suspected breach where we are legally required to do so.
Data retention
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we
collected it for, including for the purposes of satisfying any legal, accounting, or reporting
requirements. To determine the appropriate retention period for personal data, we consider the
amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use
or disclosure of your personal data, the purposes for which we process your personal data and
whether we can achieve those purposes through other means, and the applicable legal requirements.
We also take into account the limitation periods applicable for making any claims against us which
features in our decision-making on retention.
In some circumstances we may anonymise your personal information so that it can no longer be
associated with you, in which case we may use such information without further notice to you. Once
you are no longer an employee, worker or contractor of the company we will retain and securely
destroy your personal information in accordance with our policies.
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep
us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
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. You also have the right to object where we are processing
your personal information for direct marketing purposes.
• 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 HR Manager in writing at the address set out above.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other
rights). 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.
What we may need from you
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.
Right to withdraw consent
In the limited circumstances where we have relied on your consent for the collection, processing and
transfer of your personal information for a specific purpose (which will be rare), you have the right to
withdraw your consent for that specific processing at any time. To withdraw your consent, please
contact the HR Manager using the address set out above. Once we have received notification that
you have withdrawn your consent, we will no longer process your information for the purpose or
purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Data Protection Manager
We have appointed Claire Ward, Director of Audiences to oversee compliance with this privacy
notice. If you have any questions about this privacy notice or how we handle your personal
information, please contact Claire Ward at the address provided above. 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.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new
privacy notice when we make any substantial updates. We may also notify you in other ways from
time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact either Claire Ward or
Shilpa Mistry
Last revision: March 2023