With the onward march of new technology, the law is evolving and staffing agencies are adapting fast. Here is one example.

How does your contract with staff measure up?

Your agency has probably bought a system to recruit and book staff and record their attendance. You will have the information in front of you to pay the field staff for the work they have done for you and to invoice your clients for the services you have provided them.

You have tuned and customised your inhouse-built or off the shelf system over the years and your agency is highly efficient. Congratulations! However, if it has industry standard functionality, you have also bought an information governance liability. How does the staff private information fit with GDPR? Consider this. Under GDPR, you need to be able to tell staff what you hold on them and you need to be able delete it or correct it if they ask. You may not even collect it without their agreement. Once employed, how much tracking and what profiling can you use to assign and monitor work?

A good system should do everything you need without spreadsheets. As soon as you allow spreadsheets to be spawned off efficiency drops and you will need to track them and assess thier risk – making sure they are destroyed and not kept on machines or exported from your business by messaging apps or email.

So, we have been thinking about how we could help our clients and legal advisors with some checklists of points to cover in staff contracts and apps as they evolve.

  • The basic information you collect when staff apply is obviously held by you so that you can process their application. How long will you keep it if they are rejected and why? These will differ from the suggestions made by the Information Commissioner. For example, an applicant who applies just after the summer season may miss out on a stwearding job this year but will be delighted to be invited to work at festivals next summer. They would be happy to agree that you could keep their contact details for this purpose for a couple of years. However, for a permanent vacancy, the OIC suggests 3 months if a candidate has been rejected for “a job”.
  • The more detailed information when someone progresses further and becomes employed also needs to be covered in your privacy policy and employment terms – for example visas, passports, bank details, etc. Obtain agreement for your policy of, say, 6 years for information necessary for HMRC audit but 2 years if the person you took on to your books never worked.
  • Image rights need to be agreed if you use the pictures of themselves that they upload. Have you agreed that team photos on the website and from events where they are wearing branded clothing (yours or a client’s) may be used in perpetuity to advertise your services or just during their employment?
  • Most staffing apps now have functions for time and attendance at remote locations. These mean you are collecting data about staff location. Your staff terms of employment need to catch up with these developments. AXLR8 has different geotracking and geofencing systems for staff to check in at a remote shift and check out at the end of their shift. We can also provide AXLR8 Checkpoints to install at regular locations. We support many different time and attendance Advanced systems such as Paxton Net 2. The AXLR8 Staffing System provides various levels of tracking and proof of presence during a shift. Have you agreed this with your staff?
  • You should obtain agreement that you may store their IP addresses and other details about their device such as their browser and phone model for technical diagnosis and improvements. However, check with your supplier and state how long you intend to keep it.
  • Set against this, you need to keep some data for 6 years for HMRC. Have you agreed that on collection from the staff members?

Staffing App terms and conditions

We also have a generic privacy policy on our staffing apps which will inform staff what information is being collected and refer back to your agency’s privacy policy, employment and other contracts in case of conflict. The document is incorporated in all AXLR8’s Staffing Apps and covers AXLR8 as the Data Processor and your agency as the Data Controller. It is the first version and we welcome comments from clients. We hope you find the above link helpful in adapting your contracts and policies to keep up with the constantly evolving technology solutions avalailable to make agencies more efficient.