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Appointment details

Equality and Human Rights Commission - Scotland Committee Member

Summary

• Organisation: Equality and Human Rights Commission
• Sponsor department: Cabinet Office
• Location: Scotland
• Sectors: Public Administration
• Skills: Regulation
• Number of vacancies: 4
• Time commitment: 12 day(s) per annum
• Remuneration: £250 per day
• Length of term: 2-5 years
• Application deadline: 5pm on 27 September 2024

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Timeline for this appointment

1. Opening date

   4 September 2024

2. Application deadline

   5pm on 27 September 2024

3. Sifting date

   14 October 2024

4. Interviews expected to end on

   31 October 2024

Timeline dates are only an estimate and can change

About the appointment

Introduction

Thank you for your interest in joining the Scotland Committee at the Equality and Human Rights Commission. As the Scotland Commissioner, I have the privilege of leading the Committee, which plays a crucial role in advancing equality and human rights in Scotland.

Our committee provides informed, impartial, and balanced perspectives on a range of complex and sensitive issues related to equality and human rights in Scotland. We oversee and guide the work of the Commission in Scotland and contribute to the development of the Commission's strategic and business plans, among other responsibilities.

As a Committee Member, you will have a unique opportunity to shape the equality and human rights agenda in Scotland, working alongside dedicated and expert colleagues who are committed to making a difference. Our current Committee Members have described the experience as thought-provoking, challenging, and rewarding.

To ensure we have the right balance of skills and expertise to enrich our committee, we are interested in hearing from dynamic individuals with experience operating at a senior level, particularly in regulation. We welcome all applications and encourage those with a background from the third sector, an NGO or charities, as well as those with a practical understanding of the social, economic, cultural, legal, and political landscape in Scotland to apply.

If you have a proven ability to work impartially and non-politically, assimilate complex information, and participate fully in strategic debates, we encourage you to apply. We particularly welcome applications from people who belong to disadvantaged groups. We look forward to welcoming our new members.

Thank you for considering this opportunity to make a difference in Scotland.

Sincerely,

Dr Lesley Sawers Scotland Commissioner, Equality and Human Rights Commission

Appointment description

Being a Committee Member offers you a unique opportunity. You will work with dedicated and expert colleagues to influence the equality and human rights agenda in Scotland, supporting the important work of our Board of Commissioners and the wider Commission.

We are looking for our new Committee Member to bring knowledge and understanding of the equality and human rights agenda in Scotland, governance experience and skill in bringing constructive challenge to the Commission’s work. To ensure we have the right balance of skills and expertise across the Committee, we are particularly interested in hearing from people with experience of operating at a senior organisational level, and who have a knowledge or personal experience of the barriers faced by those with protected characteristic, such as disability or ethnic minority.

Organisation description

We are Britain’s independent equality and human rights regulator. We are a United Nations accredited ‘A status’ National Human Rights Institution (NHRI).

As an executive non-departmental public body established by the Equality Act 2006, we work independently from Government and are recognised as an authority on equality and human rights law, evidence, and analysis. 

We employ approximately 210 employees across four office locations. Manchester is our Head Office, and offices in Cardiff, Glasgow, and London. 

Our role is to make the country a fairer place by enforcing and upholding the laws that safeguard everyone’s right to fairness, dignity, and respect. We enforce the Equality Act 2010, which makes it unlawful to discriminate against or harass individuals based on the nine protected characteristics. We use the full force of our legal powers to defend people from unfair or unequal treatment and to challenge breaches of the law.

We are the first port of call for policy makers, public sector bodies and businesses who require authoritative guidance on equality and human rights law. We work with employers, governments, parliament, and a wide range of organisations, to promote understanding of equality and human rights and support them to make improvements in practice. But we are also ready to hold them to account and take enforcement action if they fall short. We also conduct inquiries to uncover barriers to progress and make recommendations for improvement. 

As a National Human Rights Institution, we promote awareness, understanding and protection of human rights, and encourage public bodies to comply with the Human Rights Act. We are charged with protecting those most at risk of human rights abuses and monitoring human rights in Britain, reporting our findings to the United Nations and to government. In Scotland we share our human rights mandate with the Scottish Human Rights Commission.

Our strategy for 2022-25 sets out how we use our powers to protect and promote equality and human rights, and that we have identified the main challenges in society where we can make a difference in our role as a regulator. More information on our legal duties and our powers can be found on our website.

Person specification

Essential criteria

• Significant experience of operating at a senior level, with experience of regulation being an additional benefit. 
• Proven knowledge of the context of the equality and human rights across Britain, and particularly in Scotland,
• Practical understanding of the social, economic, cultural, legal, and political context in Scotland,
• Proven ability to work impartially and non-politically, in a sensitive and sometimes politically charged policy agenda.
• Ability to assimilate complex information and participate fully in Committee deliberations and strategic debate across the whole range of the Commission’s work,
• Effective interpersonal and communication skills, demonstrating an ability to work collaboratively, identify key issues and reach balanced conclusions,
• Ability to work in partnership and engage with a wide range of people and organisations in Scotland to promote and explain the work of the Commission.

Desirable criteria

• Knowledge, skills and/or experience in one or more of the areas listed below:
• Communities and Civic Society
• Public sector
• Economy, Academia, Legal or Business
• Third sector, Charity, or Voluntary Sector
• Experience of how a regulator operates.
• Human Rights
• The barriers facing those with protected characteristics
• Experience in representing an organisation or community group
• Understanding of and commitment to good governance
• Knowledge of the barriers facing those with protected characteristics

Application and selection process

How to apply

To apply, please send an up-to-date Curriculum Vitae and supporting statement of no more than 1,000 words in total, outlining how you believe you meet the essential and desirable criteria.

Where you give examples, these can be taken from any aspect of your life that you consider most relevant. Wherever possible, however, we would recommend that you use an example of a recent event, ideally within the last 2 to 3 years.

As well as the CV and supporting statement please also:

• complete the recruitment information pack, where you can:
• provide details for two referees.
• complete the monitoring information form.
• complete the Guaranteed Interview Scheme declaration, if applicable
• provide details of any reasonable adjustments, if applicable
• complete the declarations.

Completion of the monitoring information form is not mandatory. If you choose to complete this form, you will assist the Commission in monitoring our efforts towards achieving an inclusive and diverse workforce and it may be used as part of the selection process in instances where it is lawful to take positive action. Completed forms will be treated in accordance with Data Protection Legislation and the Commission’s privacy notice - EHRC Privacy Notice

Please send your completed application to: scotlandcommissioner@equalityhumanrights.com by 5pm on the closing date, 27th September 2024.

Applications will not be accepted after the closing date and time unless exceptionally agreed. 

Overview of the application process

The deadline for applications is 5pm on 27 September 2024. We anticipate that interviews will take place between 24 - 31 October 2024. The recruitment panel will consist of:

• Lesley Sawers – Chair of the Scotland Committee
• John Kirkpatrick – Interim Chief Executive Officer
• Su-Mei Thompson – EHRC Commissioner 

Interviews will last for approximately 60 minutes and take place at the EHRC Glasgow office in central Glasgow. Further details about the format will be provided to you in advance.

The Scotland Commissioner will make recommendations to the Board for the appointment of preferred candidates. It is the responsibility of the Board of the Commission to approve all Committee appointments.

Advisory Assessment Panel (AAP)

The recruitment panel will consist of

• Lesley Sawers – Chair of the Scotland Committee
• John Kirkpatrick – Interim Chief Executive Officer
• Su-Mei Thompson – EHRC Commissioner

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact scotlandcommissioner@equalityhumanrights.com

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘essential criteria', we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert. When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder.

1. Selflessness

Holders of public office should act solely in terms of the public interest.

2. Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

3. Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4. Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5. Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

6. Honesty

Holders of public office should be truthful.

7. Leadership

Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid.

You can claim reimbursement for reasonable travel and subsistence costs which are properly and necessarily incurred on official business, in line with the travel and subsistence policy and rates for the organisation to which you are applying. However these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid. 

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact the scotlandcommissioner@equalityhumanrights.com public appointments team in the first instance if you would like to make a complaint regarding your application at scotlandcommissioner@equalityhumanrights.com. They will acknowledge your complaint upon receipt and respond within 15 working days.

Data protection

The Cabinet Office will use your data in line with our privacy policy.

About this privacy notice

This privacy notice sets out how we handle, store, use, share or otherwise process your personal data. The Equality and Human Rights Commission (EHRC) is a 'data controller'. This means that we are responsible for deciding how we hold and use personal data about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to prospective employees, including agency workers, interns, apprentices and contractors. 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 but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

This notice replaces all previous privacy or fair processing notices or statements issued by us. 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 and what your rights are under data protection legislation.

What we do with your data

What we collect if you have applied to work at the EHRC in any capacity.

Basic information

Your name (including any previous names) and personal contact details. This is necessary for us to enter into correspondence with you about prospective employment or when we need to provide you with information relating to a role or contract.

Refer to number 2 below, where we specify the legal basis for this.

Financial information and any other information that would affect your pay or benefits, in order to ensure that you are paid correctly and any requested deductions, such as pension contributions, are made. We may also use this information to record details of any expenses claimed to enable reimbursement.

Refer to number 2 and 8 below, where we specify the legal basis for this.

If you are paid directly by us, we will collect your National Insurance Number to pay National Insurance contributions through PAYE and your National Insurance details, data of birth and sex as part of the identification process.

Refer to number 3 below, where we specify the legal basis for this.

We collect copies of evidence, which you provide, of your eligibility-to-work in the UK. We are legally required to collect this under the Immigration Asylum and Nationality Act 2006.

Refer to number 3 and 12 below, where we specify the legal basis for this.

We view copies of your Disclosure and Baring Service (DBS) certificate and / or Scottish Disclosure certificate and will retain the date of issue and reference number on our HR system. As an exception, we may retain a copy of your certificate for up to 6 months. We view original documents and collect copies of proof of address, proof of National Insurance Number and proof of ID. We do this as part of our mandatory security check. This is the Baseline Personnel Security Standard (BPSS) to check identify which is necessary for security and employment purposes.

Refer to number 6 and 8 below, where we specify the legal basis for this.

In the event that you are taken seriously ill on our premises, we may disclose relevant information, such as health conditions that we know about, to the emergency or health services. We only do this when it is in your vital interests for the information to be shared.

Refer to number 4 and 9 below, where we specify the legal basis for this.

Equality and diversity monitoring

We ask you for data relating to your age, sex and nationality for pay, pension and ‘right to work’ checks, however we also use this information, along with disabilities and ethnicity information, to monitor equality and diversity within the EHRC:

to ensure that we do not overlook potential employees who are disadvantaged or underrepresented and that we are promoting people fairly whatever their protected characteristic

to ensure that we are meeting our public sector equality duty

to ensure that women and men’s pay is comparable in similar or equivalent jobs

to meet our pay gap reporting obligations

to guarantee you a first stage interview where appropriate to do so in accordance with our Disability Confident Scheme, and

to award roles to individuals who possess a protected characteristic that we reasonably believe is underrepresented within our workforce, in the event that more than one candidate is equally qualified for a role.

Refer to number 3 and 12 below, where we specify the legal basis for this.

The following categories of information are also collected for equality and diversity monitoring, and although we are obliged to request the details, providing this information is entirely optional and there will be no impact on you if you do not provide it. It will not affect your employment status at the EHRC.

Caring responsibilities

Marital status

Religion or belief

Sexual orientation

Transgender status

Refer to number 3 and 12 below, where we specify the legal basis for this.

Health information

We hold information that you provide us with relating to your physical or mental health or disability.

We hold information to ensure your health and safety in our workplace, for example undertaking Display Screen Equipment assessments, ensuring that you have the equipment that you need to take part in an interview safely or have a Personal Emergency Evacuation Plan (PEEP) in place should you require one. The outcome of these assessments or plans will be discussed with you and shared with interviewer(s) where relevant or necessary to do so. PEEPs will also be shared with Building Management to enable them to effectively manage emergency evacuations and provide information to fire and rescue services if needed.

Refer to number 3 and 8 below, where we specify the legal basis for this.

We hold information to provide any reasonable adjustments that you may require. If you are attending our premises or an offsite location for interview, we may need to share relevant details with the office location or venue in order to ensure that you can be catered for.

Refer to number 3 and 8 below, where we specify the legal basis for this.

Information will only be shared with the relevant internal teams required to manage each scenario. This may include the People Team, your line manager, the Finance Team, the Facilities Management Team and, if you have a PEEP, your fire marshal and Building Management. It will only be shared with those necessary to meet the purpose listed.

If you are involved in an accident or incident on our premises, we will record details relating to the accident or incident, including any relevant details about you.

Refer to number 3 and 8 below, where we specify the legal basis for this.

Unless specifically stated, providing us with health information is not a legal requirement, however if you choose not to provide this information we may be unable or limited in our ability to assess or meet your needs, requests, catering requirements or ensure your health and safety at work.

Recruitment

Applications and interviews

In order to assess your suitability for the role, we will collect information relating to your skills, experiences and qualifications.

Refer to number 2 below, where we specify the legal basis for this.

We are a disability confident leader. If you tell us that you have a disability as defined by the Equality Act 2010 as part of the application process, and you meet the minimum criteria for the role, we will invite you to a first stage interview. Where high numbers of applications are received, we may only invite to interview the candidates that best meet the minimum criteria for the role. This is part of the Disability Confident Scheme.

Refer to number 3 and 8 below, where we specify the legal basis for this.

In the event that more than one candidate is equally qualified for a role and we believe that one candidate possesses a protected characteristic that we reasonably believe is underrepresented within our workforce, that individual may be awarded the role.

Refer to number 5 and 8 below, where we specify the legal basis for this.

We will collect data that you provide to us regarding any reasonable adjustments that may need to be made. You do not have to provide this information. However, without it we will be unable or limited in our ability to meet your needs. This is to ensure that you can fully participate in the recruitment process and also enables us to ensure we are meeting our legal obligations to you under the Equality Act 2010.

Refer to number 3 and 8 below, where we specify the legal basis for this.

Our vacancies are advertised through BeApplied, which is an applicant tracking system. Information that you share via the platform will be used to establish suitability for the role, and for reviewing patterns in our recruitment process (non-identifiable). The information is retained for a period of up to two years. If you apply for a role through BeApplied then your data will be processed by them for their own purposes too. Please see their privacy notice. We also use Civil Service Jobs to advertise our vacancies.

If your application is successful

We will ask you for confirmation that you are happy for us to contact your referees for a reference so that we can verify your suitability for the role level.

Refer to number 2 below, where we specify the legal basis for this.

Records of your registration with any applicable regulatory authority such as the Bar Association in order to verify any required professional registrations.

Refer to number 2 below, where we specify the legal basis for this.

If your application is unsuccessful

If you are unsuccessful in your application, your data will be retained for a period of up to two years to ensure that any complaints about fair and open competition can be reviewed and considered.

Refer to number 6 below, where we specify the legal basis for this.

If you are unsuccessful in your application but pass the interview criteria for the role, we may also keep your details on a reserve list for a period of 12 months for future similar vacancies. In this event, you will be contacted and given the opportunity to not have your name on this. We do this in our legitimate interests for recruitment.

Refer to number 6 below, where we specify the legal basis for this.

Internal recruitment

If you apply for an internal vacancy via BeApplied and / or submit an expression of interest form these will be shared with the People Team as well as the recruiting manager, and the shortlisting and / or interview panel members.

Refer to number 2 below, where we specify the legal basis for this.

In the office and at work

Building security

Your name and a photo of you will be collected by the local Building and Facilities Management Teams at each of our offices so that you are provided with a personalised staff badge and access to premises. These will be shared with reception staff who, depending on the site, will ask to see a copy of your photo ID for verification purposes, but will not make a copy. We may also provide you with a separate security pass with your name and a photo so that you can gain access to our premises which are secured using our own access control system.

Refer to number 6 below, where we specify the legal basis for this.

While in our office premises, your image will be caught by CCTV cameras which are operated and managed by us. Sometimes, this may also involve the processing of special category personal data, for example where the image captures a visible disability.

Processing this data is necessary under our legitimate interests in security and health and safety, and to prevent or detect unlawful acts. There are also CCTV cameras operated and managed by the relevant building management companies at the sites in which our offices are based.

Refer to number 6 and 12 below, where we specify the legal basis for this.

Where you use your pass to enter the office areas, these records are collected and managed by the Building Management team of the site rather than by us. However, in the Manchester office we maintain our own access control records. These records are used to record the dates and times you have accessed the premises and may be used to evidence when access passes have been de-activated, or as evidence in the event of any suspected or actual security breaches.

Building swipe card records may also be collected by the relevant building management companies where these are required to enter the building itself.

Refer to number 6 below, where we specify the legal basis for this.

From time to time you may be asked to provide additional identification and / or be asked to sign in and out of our buildings, for example, in the case of a heightened state of security. We have a legitimate interest in maintaining effective ICT and security.

Refer to number 6 below, where we specify the legal basis for this.

The legal basis in which we process your data

Personal Data

When processing your personal data, we will always meet at least one of the following bases within the UK General Data Protection Regulation (UK GDPR):

We have your consent

Article 6 (1)(a)

The processing is necessary to fulfil a contract that we have with you

Article 6 (1)(b)

The processing is necessary for us to meet a legal obligation

Article 6 (1)(c)

The processing is necessary to protect someone’s vital interests

Article 6 (1)(d)

The processing is necessary for us to perform our public tasks or a task in the public interest

Article 6 (1)(e)

There is a legitimate interest in the processing

Article 6 (1)(f)

Special Category Personal Data

There may be occasions where we need to process more sensitive information about you, such as data relating to your:

Racial or ethnic origin

Political opinions

Religious or philosophical beliefs

Trade union membership

Health

Sex life or sexual orientation

Genetic or biometric data for identification purposes

If we process any of the data listed above, we will also meet at least one additional condition within the UK GDPR:

We have your explicit consent

Article 9 (2)(a)

The processing is necessary for employment purposes

Article 9 (2)(b) and Schedule 1, Part 1 (1) of the DPA 2018

The processing is necessary to protect someone’s vital interests

Article 9 (2)(c)

The information has been made public by you

Article 9 (2)(e)

The processing is necessary to exercise or defend legal claims

Article 9 (2)(f)

The processing is necessary for reasons of substantial public interest

Article 9 (2)(g) and Schedule 1, Part 2 of the DPA 2018

To assess your working capacity in relation to your health

Article 9 (2)(h)

The processing is necessary for archiving purposes

Article 9 (2)(j)

How we share, store and keep your personal data secure

Organisations acting on our behalf (suppliers)

We contract third party organisations (suppliers) to process data on our behalf. We will only work with organisations that have equivalent or sufficient security in place to handle personal data, considering the sensitivity of the data. We will always have a contract or agreement in place with the supplier.

Where it is possible to disclose anonymised data we will do so. If personal data needs to be provided, we will only disclose the minimum required.

We use the following types of third-party services:

Payroll, expenses and other financial system providers

Human resources information systems providers

IT system providers

Job evaluation providers

Photo management platforms

Phone service providers

Professional advisors or consultants working on our behalf

Paper and electronic archive providers

Other organisations

We may need to share your personal data with other organisations that will use the data for their own purposes. For example, with a regulator or to otherwise comply with the law.

This may include sharing relevant data with the following organisations:

HMRC

Department for Work and Pensions

National Audit Office

Internal auditors

External legal services

Cabinet Office

Government Actuaries Department

The National Archives

Building management companies for example if you have a PEEP

Other circumstances

We may also share data in other one-off circumstances such as providing information to the police to assist with their work to prevent or detect crime.

In the event of an emergency or safeguarding concern, we may share relevant data with key authorities such as the emergency services or other safeguarding services where this is believed to be in the best interests of yourself or another individual, or where it is in the public interest.

There are also circumstances where we are legally obliged to share data, for example if the courts require us to disclose information to them.

How long we keep your personal data

We will only keep your personal data for as long as it is needed.

For details of how long we keep different types of records for please see our retention schedule.

How we keep your personal data secure

We act appropriately to secure your personal data and protect it against unauthorised or unlawful processing, as well as against its accidental loss, destruction or damage. This includes ensuring both technical and organisation security measures are in place including:

Technical security measures

Using secure servers to store personal data.

Using technologies to encrypt data in transit and at rest.

Access permissions to restrict access only to staff that need it.

Providing access to the minimum personal data necessary.

Making the data anonymous, pseudonymised or unidentifiable whenever possible.

Regular security testing and assurance.

Organisational security measures

Having organisational policies and procedures in place to protect your data.

Ensuring staff handling personal data receive relevant training.

Ensuring formal agreements such as contracts or data sharing agreements are in place with other organisations that work with us and handle personal data.

Making sure we check suppliers have good security measures in place before working with them.

Transferring your personal data to other countries

In most cases, your data remains within the United Kingdom or within the European Economic Area (EEA), which is recognised in UK law as having adequate safeguards in place to protect your data protection rights.

We may transfer your personal data to countries outside of the UK, the European Economic Area (EEA) and / or to an international organisation. If we do this, we will ensure that adequate safeguards are used to secure the data. These are detailed in our Data Protection Policy.

Where organisations that we work with operate globally, or use services outside the UK or EEA, we will take reasonable steps to ensure that safeguards such as model contract clauses are in place to protect your personal data.

For information on data transfers to third countries through our use of cookies, please see our cookies policy.

Your rights

You have the following rights under data protection legislation in respect of your personal data:

You have the right to know how we handle, store, use or otherwise process your personal data (‘the right to be informed’).

You have the right to ask us for copies of your personal data (‘the right of access’).

You have the right to ask us to rectify data you think is inaccurate or to complete data you think is incomplete (‘the right to rectification’).

You have the right to ask us to erase your personal data where we do not have an overriding legal obligation or reason to retain it (‘the right to erasure’).

You have the right to ask us to restrict the processing of your personal data (‘the right to restriction’).

You have the right to object to the processing of your personal data (‘the right to object’).

You have the right to ask us to transfer data you gave us to another organisation on your behalf (‘the right to data portability’).

These rights are not absolute and are subject to certain exemptions. Some rights may also apply only in certain circumstances.

Where you have provided your consent for us to process your personal data, you have the right to withdraw this consent at any time.

To exercise your rights or withdraw your consent, please contact our Data Protection Officer.

You can find more information about your rights on the Information Commissioners Office website.

Who to contact

If you have any questions or concerns about how we collect, handle, store or secure your personal data, please contact our Data Protection Officer:

Data Protection Officer

Equality and Human Rights Commission

Arndale House

The Arndale Centre

Manchester

M4 3AQ

Email the Data Protection Officer

You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO):

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

https://ico.org.uk/

Contact details

Please send your completed application to: scotlandcommissioner@equalityhumanrights.com by 5pm on the closing date, 27th September 2024.