{{org_field_logo}}

{{org_field_name}}

---

N2. International Recruitment of Staff

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 on 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 of 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:

• Employer’s Guide to Right to Work Checks (April 2022)
• Guidance on the Application Process for Obtaining Criminal Records Checks Overseas (August 2022)
• UK’s Points Based Immigration System, Further Details (August 2020)
• Code of Practice for Employers, Avoiding Unlawful Discrimination While Preventing Illegal Working: 6 April (March 2022)
• Code of Practice for the International Recruitment of Health and Social Care Personnel in England (updated August 2022)
• English Language Requirement for Public Sector Workers (updated December 2016)
• Workers and Temporary Workers Guidance for Sponsors (updated November 2022).

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 {{org_field_name}} 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:
4. the documents are genuine, original and unchanged, and belong to the person present
5. the right to work in the UK dates are current
6. photos are the same across all documents and look like the applicant
7. dates of birth are the same across all documents
8. the applicant has permission to do the type of work being offered.
9. {{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.
10. {{org_field_name}} reserves the right to withdraw a job offer where an application for sponsorship is refused.
11. 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.
12. 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.
13. If {{org_field_name}} uses a recruitment or employment agency to assist with its recruitment it will ensure that {{org_field_name}} used is also exercising its legal responsibilities and duty of care, and is on the Government’s ethical recruiters’ list.
14. {{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.
15. The policy will be regularly reviewed in line with any changes in government 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.

---

Copyright ©2024 {{org_field_name}}. All rights reserved

Reviewed on: {{last_update_date}}