E: support@e-carehub.co.uk

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International Recruitment of Staff Policy

Policy Statement

{{org_field_name}} is committed to developing a diverse workforce and welcomes applications from all sectors of the community, including people who have obtained or are eligible to obtain visas that enable them to work in a care role. They include people who are employed by {{org_field_name}} from an employment or recruitment agency.

{{org_field_name}}’s policy is in line with equal opportunities employment laws to recruit the most suitable person for each vacancy, regardless of sex, race, nationality, religion or belief, age, sexual orientation or disability and not to discriminate against them in any way once employed.

The policy is also in line with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 which requires {{org_field_name}} to always have sufficient numbers of qualified and competent staff to meet the needs of the people using our service. Staff must then be recruited in line with the requirements of Regulation 19: Fit and Proper Persons Employed.

In respect of employing people from other countries it will follow current government guidance, which requires employers to only consider alternative staffing sources where they cannot fill vacancies by appointing people who are already eligible to work in the UK. In the current situation, the Government has recognised that the care sector is experiencing acute problems with care staff recruitment and retention by placing care workers on its shortage occupation list.

This means that {{org_field_name}} can legitimately employ people from other countries, as it experiences staffing difficulties in order to meet its regulatory commitments and provide care to the standards required.

In developing its procedures, {{org_field_name}} is mindful of current immigration law as set out in the Immigration Act 2016 and the accompanying government guidance, which includes:

The procedures that follow should be read in line with {{org_field_name}}’s general recruitment policy and procedures.

Procedures

  1. All of our prospective employees, whether or not from the UK, are required to provide evidence of their right to work in the UK. This requirement forms part of {{org_field_name}}’s standard recruitment procedure. {{org_field_name}} will inform applicants of the documentation that is required at interview stage.
  2. Job offers will not be confirmed until the organisation has sight of documentation or an online check as required by Home Office guidance confirming the applicant’s right to work in the UK.
  3. This includes checking that:
    a) the documents are genuine, original and unchanged, and belong to the person present
    b) the right to work in the UK dates are current
    c) photos are the same across all documents and look like the applicant
    d) dates of birth are the same across all documents
    e) the applicant has permission to do the type of work being offered.
  4. {{org_field_name}} will ensure that no overseas national whom it wishes to appoint commences employment unless they have obtained a certificate of sponsorship by a legitimate route.
  5. {{org_field_name}} reserves the right to withdraw a job offer where an application for sponsorship is refused.
  6. If {{org_field_name}} seeks to recruit people from other countries directly as sponsors under the sponsorship management system or as a partner in a consortium, it will meet all of its responsibilities as set out in the Code of Practice for the International Recruitment of Health and Social Care Personnel in England (and corresponding guidance for other UK countries). This includes the requirement to avoid any active recruitment from red and amber listed countries.
  7. The responsibilities include ensuring the new recruits are not discriminated against or treated unfairly financially or in any other way through their employment contracts, and exercising a duty of care to support their settlement into their work and to UK society.
  8. The care provider has an anti-modern slavery policy and will act promptly in response to any evidence, suspicions or allegations that any of its internationally recruited staff are subject to conditions that amount to modern slavery.
  9. If {{org_field_name}} uses a recruitment or employment agency to assist with its recruitment it will ensure that the agency used is also exercising its legal responsibilities and duty of care, and is on the Government’s ethical recruiters’ list.
  10. {{org_field_name}} understands that its recruitment practices and exercise of duty of care could be subject to monitoring and inspection by the care regulator and local commissioners.
  11. The policy will be regularly reviewed in line with any changes in the Government’s immigration policy.

Training

All staff responsible for and involved in recruiting staff with non-UK backgrounds will receive the appropriate training, which is updated in line with national developments.


Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

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