TUPE – Privacy Notice

Your Data

The Council has a range of employee related guidance including TUPE (Transfer of Undertakings (Protection of Employment).

For those involved in managing, or being managed through the TUPE process, more personal information is generated to document the process and to make appropriate decisions.

Where a TUPE transfer is to take place, Aberdeen City Council will submit personal information, including your age, details of any disciplinary actions or grievances you may have had in the previous two years and information relating to any Court or Tribunal case, claims or actions you brought against the Council in the previous two years and any potential legal actions which may be brought by you to the transferee organisation (the new employer). This is to enable the continuation of your employment contract, and any applicable pension arrangements, to the new organisation to take place.

If a TUPE process results in you moving to another organisation, some of your personal information will also be shared with the Pensions Team for the purpose of administering the pension scheme.

How long we will keep your information for

How long information generated by the TUPE process is retained for is as follows:

TUPE Documents – Employee does not work with children or vulnerable adults

 

 

Duration Held for

Any written documents produced as a result of following the TUPE process. 6 years post termination of employment
TUPE Documents – Employee who works with children or vulnerable adults

 

 

Duration Held for

Any written documents produced as a result of following the TUPE process. 25 years post termination of employment

 

The Council’s Retention & Disposal Schedule sets out the retention periods for any information about you which won’t be destroyed at the same time as your employee file.

 

Your rights

Aberdeen City Council is the Data Controller for this information. You’ve got legal rights about the way the Council handles and uses your data, which include the right to ask for a copy of it, and to ask us to stop doing something with your data. Please contact the Council’s Data Protection Officer by email on DataProtectionOfficer@aberdeencity.gov.uk or in writing at: Data Protection Officer, Marischal College, Aberdeen, AB10 1AB. See more information about all of the rights you have. You also have the right to make a complaint to the Information Commissioner’s Office. They are the body responsible for making sure organisations like the Council handle your data lawfully.

Please note if your complaint is not about data protection but instead is about an employment matter, then this should be raised initially with your line manager and if necessary through the Council’s grievance procedure.

Our legal basis

Whenever the Council processes personal data we need to make sure we have a basis for doing so in data protection law. We understand our basis in data protection law to be Article 6(1)(b) of the General Data Protection Regulation (GDPR) because processing your personal information is necessary for us manage our relationship with you, as your employer and Article 6(1)(c) of the GDPR as processing your personal information is required in order to  comply with the Transfer of Undertakings (Protection of Employment Regulations 2006 as amended..

As part of this relationship, the Council is also likely to process special categories of personal data.

The Council understands our legal basis for doing so as Article 9(2)(b) of the GDPR as processing is necessary for carrying out our obligations in the field of employment.

 

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