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Including ex-employees in diversity survey

Beth

| 0 Posts

6 Apr, 2023 15:22

Hello,

I'm a standalone HR advisor so wondered if I can get a few opinions from members.

Our organization is designing a Staff Forum whose main agenda it to represent staff particularly around inclusivity and diversity. As part of the inception and listening phase, we want to ask staff for feedback and experience. The planning group are considering contacting ex-employees going back to 2020 to give the option to feed into the process. There will be no obligation to take part and the whole survey is kept completely anonymous.  

There is debate around whether an invitation should come officially from HR or management, the external surveying body or ad hoc via current staff who are still in touch with those who have left.

I wonder if anyone can foresee any issues contacting staff in this context in the first place, or around the channel of communication? 

thanks

Beth 

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  • David

    | 0 Posts

    6 Apr, 2023 15:37

    Hi Beth

    There's possibly a data protection / GDPR angle here, eg surrounding the principle about not keeping and processing ex employees' personal data for any longer than is absolutely necessary for essential business reasons. And of course keeping it securely and not releasing it willynilly to third parties.

    Personally, can't get in any way at all excited about it, but sure some GDPR-zealots would be sucking their teeth hard in disapproval about the notion of involving ex employees in any way
  • Beth

    | 0 Posts

    11 Apr, 2023 13:41

    In reply to David:

    Thanks for you thoughts David
  • Kim

    | 0 Posts

    10 May, 2023 11:20

    Hi Beth,

    If the former employees are clear that their contact data will have been kept on file, and given some sample explanations for this, then you perhaps have a legitimate justification for contacting them. Of course you'll need to weigh up the chances that some may object or complain, especially if they were unaware of the data retention or see it as intrusive.

    You should also consider that some may harbour ill-will, that the responses you receive may skew your data, or that you generate complaints or subject access and data deletion requests, which you'd need to be in a good position to respond to.

    I'd suggest running a data protection impact assessment and also a legitimate interests assessment before making any decisions - these will help clarify your aims and methods, as well as arguments, justifications, risks and mitigations.

    The Information Commissioner's Office has detailed guidance on when and how to carry out both DPIAs and LIAs:

    ico.org.uk/.../

    ico.org.uk/.../

    ico.org.uk/.../dpia-template.docx

    ico.org.uk/.../

    ico.org.uk/.../gdpr-guidance-legitimate-interests-sample-lia-template.docx

    Hope this helps.