Disciplinary procedure privacy notice

This privacy notice is designed to help you understand how and why we processes your personal data. This notice should be read in conjunction with our corporate privacy notice.

Who are we?

North Yorkshire Council is a ‘data controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR). The council has appointed Veritau Ltd to be its data protection officer. Their contact details are:

Information Governance Office


West Offices

Station Rise


North Yorkshire


Email: infogov@northyorks.gov.uk

Tel: 01904 552848

What personal information do we collect?

If an allegation is made against you, which warrants investigation, then the Council will appoint an investigating officer who will conduct a fact-finding exercise and either present their findings to a disciplinary panel or provide information for disciplinary action to be taken outside of the formal procedure. This information could be comprised of, but not limited to:

  • witness statements;
  • relevant correspondence (emails to/from your NYC account);
  • social Media Accounts;
  • CCTV;
  • IT audit trails;
  • investigatory Interview notes;

Why do we collect your personal information?

The council collects this data in order to allow a disciplinary panel to make a decision as to whether any disciplinary action is required.

Occasions will arise when it is appropriate to take disciplinary action outside of the formal procedure. This should not be regarded as normal practice but can arise when, for example, an employee is made aware of the results of a formal investigation and is prepared to accept a formal warning without the formal hearing process. Such action can save a considerable amount of time and stress for all the parties concerned whilst also achieving the purpose of a disciplinary warning which is to address an employee’s behaviour and move forward.

Who do we share this information with?

As well as the investigatory officers, the disciplinary panel (if convened ), and  an appeals panel (if convened ), the council may disclose this information with individuals within the HR Team, unison reps, and any individual that you choose to accompany you.

How long do we keep your information for?

Data held

Retention period

Written warning

Date of warning + 12 months

Final written warning

Date of warning + 15 months

Action short of dismissal

Date of warning + timescale determined by the panel

Records relating to safeguarding investigations where upheld

Until your retirement age or 10 Years from the date of allegation (whichever is longer) *Currently under the Goddard Enquiry all safeguarding files are frozen until the enquiry is concluded.

Records relating to safeguarding investigations where unfounded

Removed from file upon investigation completion. However, a record could be kept on the file of the person making the allegation if appropriate with the caveat that allegation is unfounded.

What is our lawful basis for processing your information?

  • GDPR Article 6(1)(b)The processing of your personal information is necessary for the performance of a contract to which you are party (employment contract)
  • GDPR Article 9(2)(b) The processing of your special category data is necessary for the carrying out of obligations and exercising specific rights of the controller or of the data subject in the field of employment

For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.