1. What is this notice?

This is the 'Recruitment Privacy Notice' of Brodies LLP.

This notice applies to individuals applying to work with us, including prospective directors, employees, trainees, apprentices, work experience students, workers, consultants and contractors. It applies whether the work applied for is part time or full time; or permanent, temporary or for a fixed term.

This notice does not apply to individuals applying to become partners with us, who are covered by the separate Partner Recruitment Privacy Notice.

We are a data 'controller', which means we are responsible for deciding how we hold and use your personal information.

This notice explains how and why we will collect and use your personal information in the context of the recruitment process and your rights in relation to your personal information. We may amend this notice at any time.

 

2. Your personal information

In this privacy notice, 'your personal information' means your personal data i.e. information about you from which you can be identified. Sections 5 and 6 below set out your personal information that we may process.

Your 'personal information' does not include data where the identity has been removed (anonymous data).

It is important that your personal information is accurate and up to date. Please inform us if your personal information changes during the recruitment process.

 

3. Special categories of personal information

'Special categories of personal information' means information about your racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; health; sex life or sexual orientation; criminal convictions, offences or alleged offences; genetic data; or biometric data for the purpose of uniquely identifying you.

Data marked * in the table at section 5 below, and data described at section 6, falls within these 'special categories' or might disclose special categories of personal information. We must have additional legal grounds for processing special categories of personal information, and these grounds are set out at sections 5 and 6 below.

 

4. Where does your personal information come from?

Your personal information will come from you or us, and may also come from the following sources:

  • Recruitment agencies and apprenticeship providers may provide us with the following personal information: personal contact details, qualifications, schools attended, details of previous employment(s), skills and experience, hobbies and interests, and interview notes.
  • Credit reference agencies may provide us with the following personal information: personal contact details, date of birth, details of credit accounts and usage and an overall credit score.
  • Former employers or other referees, whom you have given us permission to contact, may provide us with the following personal information: role(s) held, dates of employment, details of skills and capabilities and any other information that helps to assess your suitability for the position applied for.
  • Brodies staff may provide us with: personal information about you if they are referring you for recruitment.
  • Medical professionals may provide us with the following personal information: information relating to any disability that you may have, the effects of that disability, and adjustments that may need to be made to the recruitment process as a result of that disability.
  • Professional bodies such as the Law Society of Scotland, the Law Society of England and Wales, and / or the Solicitors Regulation Authority may provide us with the following personal information: qualifications, registrations, practising certificates, accreditation details and membership details.
  • Google and social networking accounts (such as LinkedIn): as part of the recruitment process we may source personal information relating to roles you have held, details of skills and capabilities and any other information that helps us to assess your suitability for the position applied for.
  • Disclosure Scotland: as described at section 6 below.

Some of the sources above will only be relevant in certain circumstances, or if you have applied for a particular role. If you would like more information on the source of your personal information please contact the HR department.

 

5. Processing your personal information

We may process your personal information during and after the recruitment process. This may include collecting your personal information, recording it, storing it, using it, amending it, destroying it and, in some circumstances, disclosing it.

In general, we process your personal information for the reasons, and on the legal grounds set out in the following table, and also to:

  • Retain records relating to the recruitment process;
  • Establish, exercise or defend legal claims;
  • Comply with the law or requirements of any regulator; and
  • Protect your vital interests or those of another person (in exceptional circumstances, such as a medical emergency).

 

Reason for processing your personal information

Legal ground(s) for processing, and legitimate interest (where applicable)

Your personal information

Contact you regarding the recruitment process and any offer of work

To enter a contract

Personal contact details (including name, address, email, telephone number)

Make a decision about your recruitment or appointment, including assessing your skills, qualifications and suitability for the work

To enter a contract

For our legitimate interests:

  • to select suitable employees, workers and contractors
  • Information provided in your application form, CV, any covering letter or email, and interview notes
  • Information sourced from google and social networking accounts (such as LinkedIn) relating to roles you have held, details of skills and capabilities and other information that helps us to assess your suitability for the work
  • For secretarial positions: results of a relevant written assessment
  • For junior lawyer positions in the real estate department: results of a relevant written assessment
  • For trainees: results of a presentation assessment and a written assessment

If you have accepted an offer of work from us that is subject to such checks:

  • Take up references (from referees whom you have given us permission to contact);
  • Carry out credit checks; and / or
  • Confirm your professional memberships, registrations and / or qualifications.

To enter a contract

For our legitimate interests:

  • to select suitable employees, workers and contractors

 

  • References and details of previous employers (including role(s) held, dates of previous employment, details of skills and capabilities and other information that helps to assess your suitability for the position applied for)
  • Results of credit check: personal contact details, date of birth, details of credit accounts and usage and credit score
  • Professional qualifications, registrations, practising certificates, accreditation details, and membership details

Determine the terms of any potential contract between you and us

To enter a contract

To comply with a legal obligation

Offer letter, and proposed contract between you and us

If you have accepted an offer of work, check you are legally entitled to work in the UK

To enter a contract

To comply with a legal obligation

Documentation confirming your right to work in the UK

Consider reasonable adjustments to the recruitment process for disabled applicants

 

To enter a contract

To comply with a legal obligation

For our legitimate interests:

  • To select suitable employees, workers and contractors

*For special categories of information:

  • To exercise or perform employment law rights or obligations

Information about a disability, the effects of that disability, and adjustments that may need to be made to the recruitment process as a result of that disability*

 

Carry out equal opportunities monitoring.

For our legitimate interests:

  • To review equality of opportunity or treatment

*For special categories of information:

  • To review equality of opportunity or treatment
  • To exercise or perform employment law rights or obligations

The following information you have provided via our equal opportunities monitoring form:

  • Health data, including disability information*
  • Information regarding pregnancy and maternity*
  • Age and date of birth
  • Marriage or civil partnership status*
  • Gender
  • Information on gender reassignment*
  • Data revealing race, religious beliefs or sexual orientation*

 

6. Information about criminal convictions

To enable us to make recruitment decisions and assess suitability for particular work, we will process information about criminal convictions and offences (including alleged offences) as described in this section 6.

We will process this information to enter a contract with you, to comply with a legal obligation, for our legitimate interests (in selecting suitable employees, workers and contractors), and to exercise or perform employment law rights or obligations.

If you have accepted an offer of work from us that is subject to a criminal record check, we will ask you to obtain a basic disclosure check from Disclosure Scotland, and provide us with a copy of this.

 

7. Data necessary for the contract

Sections 5 and 6 above identify personal information that we may need to enter a contract with you. You are not obliged to provide this information, but if you don't provide it, we may not be able to proceed with the recruitment process or enter into the contract.

 

8. Statutory requirement to provide your personal information

In some circumstances, the provision of your personal information relates to a statutory requirement. This includes:

  • Documentation confirming your right to work in the UK – you are not obliged to provide this information, but if you don't provide it, we will not be able to enter into a contract with you.

 

9. Sharing your personal information with third parties

We may share your personal information with the following third parties if this is required by law; necessary to enter a contract with you; where there is another legitimate interest in doing so; or where it is necessary to protect your vital interests or those of another person:

  • Health professionals and occupational health providers involved in your care, in order to consider reasonable adjustments to the recruitment process for disabled applicants.
  • Relevant regulators such as the Law Society of Scotland, The Law Society of England and Wales and the Solicitors Regulation Authority.
  • Our professional advisors.
  • Other third parties as necessary to comply with the law.

 

10. Automated decision-making

We do not envisage taking any decisions about you based solely on automated processing (i.e. without human involvement), which have a legal or similarly significant effect on you.

 

11. Transferring your personal information outside the EU

We do not intend to transfer your personal information to any country outside of the EU, or to any international organisation.

 

12. Data retention

If you don't start work with us following the recruitment process, we will retain your personal information for six months thereafter:

  • to allow us to establish, exercise or defend legal claims; and
  • for our legitimate interests – to enable us to reconsider your application and (if appropriate) contact you, if the position you applied for becomes available again.

If you ask us to retain your personal information so that we can contact you to discuss future work opportunities, we will write to you separately, to obtain your explicit consent to retain your personal information for a fixed period of two years on that basis.

If you start work with us following the recruitment process, we will give you a copy of our Personnel Privacy Notice, and will retain your personal information as detailed in the Personnel Privacy Notice.