Fair Processing Notice for the Employment and Equal Opportunities Service  

   

The Employment and Equal Opportunities Service (EEOS) is led by a Statutory Official known as the Director of the EEOS. The EEOS is under the Committee for Employment and Social Security for all intents and purposes. The aim of the service is to support employers, employees, trade unions, individuals and goods and service providers to understand local employment and discrimination legislation. The service manages employment-related and discrimination-related complaints in line with the Prevention of Discrimination (Guernsey) Ordinance, 2022.   

The Advice & Conciliation Officers offer free advice to anyone with a query, and the handling of complaints including pre and / or post complaint conciliation services. During conciliation, which is both free and voluntary, the primary aim of the Advice & Conciliation Officers is to settle the complaint with the Applicant and the Respondent, which would avoid escalation of a complaint to a Tribunal hearing. For clarification, the Applicant is the person (for example an employee) who initiates the complaint. The Respondent (for example is the employer) is the person or entity against whom the complaint is made.   

In certain circumstances personal data may be shared with The Employment & Discrimination Tribunal (E&DT). The Secretariates are responsible for registering the complaint and transmitting the forms sent by the applicant and the respondent to the Tribunal Chair and Panel and the Advice & Conciliation Officers. They are not involved in the Conciliation process which is strictly confidential. In the event where conciliation is no longer a viable option, the matter is progressed to Tribunal, at which point it is the Secretariates’ duty to orchestrate the necessary steps.  In addition, the E&DT holds a similar role in terms of Industrial Disputes when they are registered.  However, it should be noted that EEOS supports the Industrial Disputes’ Officer (IDO) and the Deputy IDO with their duties.  

The Employment and Equal Opportunities Service processes your personal data to provide confidential and free advice on employment and discrimination laws, employment relations, and conciliation to applicants and respondents.   

 

It holds personal data to discharge those duties and responsibilities under legislations which include:  

  • The Conditions of Employment (Guernsey) Law, 1985  
  • The Employment Protection (Guernsey) Law, 1998  
  • The Prevention of Discrimination (Guernsey) Ordinance, 2022 
  • The Industrial Disputes and Conditions of Employment (Guernsey) Law, 1993  
  • The Minimum Wage (Guernsey) Law, 2009 
  • The Maternity Leave and Adoption Leave (Guernsey) Ordinance, 2016 
  • The Sex Discrimination (Employment) (Guernsey) Ordinance, 2005 
  • The Industrial Disputes and Conditions of Employment (Guernsey) Law, 1993 
  • The Transfer of States Undertakings (Protection of Employment) (Guernsey) Law, 2001 
  • The Employment and Discrimination Tribunal (Guernsey) Order, 2020 
  • The Rehabilitation of Offenders (Bailiwick of Guernsey) Law 2002 
  • The Employment Protection (Sunday Shop Working) (Guernsey) Law, 2001 
  • The Seafarer Recruitment and Placement Services (Maritime Labour Convention 2006) (Guernsey and Alderney) Ordinance, 2013 
  • The Seafarer Recruitment and Placement Services (Maritime Labour Convention 2006) (Sark) Ordinance, 2013 

Data Controller:  

The Director of the Employment and Equal Opportunities Service  

 

1. The Data Protection Law  

The controller acknowledges their obligations as per the Data Protection (Bailiwick of Guernsey) Law, 2017 (the Law) which provides a number of requirements in terms of processing activities involving personal data. The controller further acknowledges the general principles of processing as well as the rights of a data subject and more information in relation to these provisions are provided within this fair processing notice.

  

2. The Principles of Processing  

a. Lawfulness, fairness and transparency  

Personal data must be processed lawfully, fairly and in a transparent manner.   

We collect the following data personal data:  Basic data about individuals such as name, address, date of birth.  

We may also collect special category data which is information from individuals concerning: race; ethnic origin; politics; religion; trade union membership; health information; sexual orientation.

The purpose of collecting personal data by the Committee is to be able to implement our statutory duties which include advising, developing and implementing policies on matters including:  

  • free advice on employment and discrimination laws and employment relations to both employers and employees; 
  • provision of secretarial services to the Employment & Discrimination Tribunal. 

The lawful basis for collecting each type of personal data and special category data will vary dependent upon the specific purpose.    

We process data in a lawful manner in accordance with the Law and in particular, Schedule 2 parts I and II.  The processing condition will vary according to the specific purpose in each case, for a full list of lawful basis conditions that we rely upon, Appendix A provides the most common uses of collecting personal data. 

Personal data is collected in most instances directly from you, the data subject.  Where data is obtained indirectly, you will be made aware at the point of data collection who we may contact to confirm or verify the data you have provided, or to provide us with additional information so that we can deliver the service you are seeking.  Information is only shared if we have lawful basis for doing so and to meet the purpose for which the information was collected.    

b. Purpose limitation  

Personal data must not be collected except for a specific, explicit and legitimate purpose and once collected, must not be further processed in a manner incompatible with the purpose for which it was collected.   

The controller acknowledges their responsibility with regards to this data protection principle and therefore the controllers maintain that they will not further process personal data in a way which is incompatible to its original reason for processing unless they are required to do so by law. In limited circumstances, data may be transferred to other jurisdictions.  Such transfers are infrequent and appropriate safeguards are applied.  

c. Minimisation  

Personal data processed must be adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed.   

The controller maintains that they will only process the personal data, which is detailed in section 2a, and will not process any further personal data that is not necessary in relation to the original reason for processing personal data as specified in section 2a, unless the controller is required to do so by law.   

d. Accuracy  

Personal data processed must be accurate, kept up to date (where applicable) and reasonable steps must be taken to ensure that personal data that is inaccurate is erased or corrected without delay.   

The controller will ensure that all personal data that it holds is accurate and kept up-to-date, and any personal data that is inaccurate will be erased or corrected.   

e. Storage limitation   

Personal data must not be kept in a form that permits identification of a data subject for any longer than is necessary for the purpose for which it is processed.   

Personal data and special category personal data will be retained in accordance with the States of Guernsey Records Management Policy and the States of Guernsey Retention and Disposal Schedule, together with any service area specific schedules and policies.   

f. Integrity and confidentiality  

Personal data must be processed in a manner that ensures its appropriate security, including protecting it against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.   

Personal data is held in hard copy and / or electronic format.    

Information Access – access to electronic or paper records is tightly controlled.  Protocols are followed to ensure that employees only have access to areas and documents as required to undertake their role.  Access is monitored and effectively managed.    

Information Security – the Committee for Employment and Social Security adopts the information security standards of the States of Guernsey   

g. Accountability  

The controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.   

The contact details of the controller are as follows:   

The Director of the Employment and Equal Opportunities Service 

Tel: 01481 220026 

Email: enquiries@eeos.gg 

 

The contact details for the Data Protection Officer of Employment and Social Security are as follows:  

Data Protection Officer, the Office of the Committee for Employment and Social Security  

Tel: 01481 220012 

Email: data.protection@gov.gg