Bramhalls Limited GDPR Privacy Notice

Bramhalls Limited (‘Bramhalls’ or ‘We’) is a data controller.

We are committed to protecting the privacy and security of our clients’ personal and confidential information.

We will comply with the data protection principles when gathering and using personal information, as set out in the General Data Protection Regulation (‘GDPR’) and Data Protection Act 2018 (‘DPA’).

We may collect information during the course of providing legal advice services to our clients. This may include information about your identity, passport, drivers licence, utility bills, your name, contact details (i.e. address, home and mobile phone numbers, email addresses), financial data including bank details, salary, annual leave, pension and benefits of you and your employees, workers and agents, personnel files, start dates, place of work, employment terms, performance, appraisals, performance reviews, work-output, time and attendance records, offer letters, employment contracts, benefits applications, social media activity, performance management/improvement plans, disciplinary, grievance, redundancy and other termination data.

As employment lawyers we frequently advise and assist our clients on workplace discrimination matters and claims. We may collect other special category data such as gender, marital status, race, ethnicity, nationality, religious beliefs, sexual orientation, disability and health, medical conditions, sickness and fitness to work records, the health or medical conditions of a family member, age, political opinions and Trade Union membership, as well as data concerning criminal convictions and Disclosure and Barring Service (DBS) checks.

We cannot force you to provide us with information. However, if you fail to do so we may be unable to comply with our obligations or advise you properly or at all. If you have concerns about the way we deal with your personal information, please let us know and we will explain the legal basis of our actions.

How we collect the information

We may collect this information from you, your agents and employees, your associated employers, share scheme and pension administrators, benefits providers, medical and occupational health professionals, expert witnesses, barristers, employee representatives, trade unions, ACAS, the employment tribunal and employment appeal tribunal service, the courts, and other professionals and as otherwise available in the public domain.

Why we collect the information and how we use it

We will typically collect and use this information for the performance of a contract with you, to provide legal advice services, taking your instructions, setting you up as a client, assisting you with a tribunal claim or court action, invoicing, business management including accounting and auditing, marketing or sending employment law updates to you, or to take steps to enter into a contract; for compliance with a legal or professional obligation; and for the purposes of our legitimate interests (or those of a third party but only if these are not overridden by your interests, rights or freedoms). We may use your personal information where we need to protect your interests or someone else’s, or where it is needed in the public interest or for official purposes.   

We may use special category and criminal records data in order to establish, exercise or defend a legal claim, or to carry out our legal obligations or exercise specific rights in the field of employment law.

We seek to ensure that our information collection and processing is always proportionate. We will notify you of any material changes to information we collect or to the purposes for which we collect and process it.

How we may share the information

We may also need to share some of the above categories of personal information and special category information with other parties, such as external contractors, consultants, occupational health providers, insurers, the court, the employment tribunal, ACAS, and our professional advisers and with potential purchasers of some or all of our business or on a re-structuring. Information will be anonymised where practicable, but this may not always be possible, for example we may need to comply with an Order of the tribunal or court.

We may also be required to share some personal information with regulators, third party litigants or as required to comply with the law.

Where information may be held

Information is stored at our offices and computer systems, as well as by our representatives and agents, as mentioned above.

We do not usually transfer information internationally without your consent unless it is part of your own group of companies. If we transfer information outside the European Economic Area, we will consider whether there is an adequacy decision by the European Commission and take appropriate measures and checks, as required by law.

How long we keep your information

We keep your information no longer than is necessary for the purposes for which the personal information is processed and to comply with any legal, tax accountancy and reporting obligations or any contractual requirements we have with you. Usually this will mean we retain information for at least 7 years after we cease acting for you.

Your rights

Please contact Phil Bramhall, who can be contacted on 01244 888 002 or phil@bramhalls.com if (in accordance with applicable law) you would like to correct or request access to information that we hold relating to you or if you have any questions about this notice. You also have the right to ask Phil Bramhall for some but not all of the information we hold and process to be erased (the ‘right to be forgotten’) in certain circumstances. Phil Bramhall will provide you with further information about the right to be forgotten, if you ask for it.

Please note if you object to or restrict the processing of your personal data it may not be possible for us to continue to act for you in relation to your employment law matter.

If you have provided consent for the processing of your data, you have the right (in certain circumstances) to withdraw consent at any time which will not affect the lawfulness of the processing before your consent was withdrawn.

Keeping your information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that we can resolve any query or concern you raise about our use of your information. If not, and you think we have not complied with the requirements of the General Data Protection Regulation or the Data Protection Act 2018, you have the right to contact the Information Commissioners’ Office.

Non-Client complaints procedure

If you believe that we have behaved dishonestly, illegally, in breach of the SRA’s principles, or for some other reason you are dissatisfied with our conduct and you are not a client of this firm, you should raise the subject of your complaint with the person with whom you are dealing, or against whom the complaint is made, and if your complaint is not resolved to your satisfaction at that level you should email phil@bramhalls.com or write to us at the office address, with details of your complaint, and marked “Private and Confidential for the attention of the Compliance Manager.

The time limits for bringing a complaint to our attention are within six months of the event giving rise to your complaint, or within three months of you becoming aware of the circumstances giving rise to it, whichever is the later.

We will let you know within 14 days of receipt of your complaint in writing how and in what timescale we propose to deal with your complaint depending on its nature, and in most circumstances, we would expect that timescale not to exceed 28 days. It is likely to be dealt with by Phil Bramhall, the owner of the firm. At any stage if you are unhappy with the way in which we deal with your complaint you may ask the Legal Ombudsman and/or the SRA whether they will investigate your complaint. The Ombudsman’s address is contained in the Client Complaints Procedure above and a link to the SRA is on our home page. If you are legally represented in the matter giving rise to your complaint please note that we will only correspond with your solicitor.

Bramhalls, The Old Reading Room, 76 Eastham Village Road, Eastham Village, Wirral, CH62 0AW.