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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Employment of Overseas and Migrant Workers Policy

{{org_field_name}}

1. Purpose

The purpose of this policy is to provide a comprehensive framework for the ethical, legal, and safe employment of overseas and migrant workers within {{org_field_name}}. The policy is designed to ensure compliance with all relevant legislation, including The Immigration, Asylum and Nationality Act 2006, the UK’s Points-Based Immigration System, The Equality Act 2010, The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and UK Visas and Immigration (UKVI) regulations. The policy promotes the fair treatment of overseas workers while ensuring that all recruitment and employment activities are lawful, transparent, and free from discrimination. {{org_field_name}} values the contributions of overseas and migrant workers to the health and social care sector and is committed to supporting them to deliver safe, effective, and person-centred care.

2. Scope

This policy applies to:

• All registered nurses, healthcare assistants (HCAs), senior carers, and other overseas workers employed or engaged by {{org_field_name}}
• The Director and all office-based staff involved in recruitment, compliance, and placement of overseas workers
• All recruitment processes, whether directly from the UK or internationally
• Temporary workers engaged by {{org_field_name}} under zero-hours or flexible contracts

3. Related Policies

• Recruitment Policy
• Equality, Diversity and Inclusion Policy
• Candidate Confidentiality and Data Handling Policy
• Safeguarding Adults and Children Policy
• Training and Development Policy
• Supervision and Appraisal Policy
• Complaints Policy

4. Policy Statement

{{org_field_name}} is committed to recruiting and employing overseas and migrant workers in full compliance with UK immigration law and safeguarding procedures. We will ensure that all workers are recruited ethically and that the rights and welfare of overseas workers are protected throughout their employment. The agency will ensure that no candidate is subjected to discrimination on the grounds of nationality, ethnicity, immigration status, or any other protected characteristic under the Equality Act 2010. All recruitment of overseas workers will be conducted transparently and with a duty of care towards applicants.

5. Responsibilities

Director
The Director will:

• Take full responsibility for ensuring compliance with immigration, employment, and equality law
• Monitor the implementation of this policy and review it annually
• Ensure that all staff involved in recruitment and placement receive training on the employment of overseas workers
• Ensure that all relevant documentation is verified and retained securely
• Investigate and address any concerns relating to the employment or treatment of overseas workers
• Maintain records for all overseas workers to ensure ongoing compliance with right-to-work and visa requirements

Recruitment and Compliance Staff
Staff involved in recruitment and placement are responsible for:

• Verifying candidates’ right-to-work documentation at the point of application and prior to placement
• Ensuring that documentation is genuine, original, and valid
• Ensuring that workers are not treated less favourably due to nationality or immigration status, except where permitted by law
• Supporting overseas workers with induction, supervision, and understanding of employment rights
• Reporting any concerns about illegal working, discrimination, or exploitation to the Director immediately

All Staff
All staff are responsible for:

• Supporting an inclusive and welcoming culture for overseas workers
• Respecting colleagues regardless of nationality or immigration status
• Reporting concerns regarding discrimination, harassment, or unfair treatment of overseas workers

6. Right to Work Checks

In accordance with The Immigration, Asylum and Nationality Act 2006 and Home Office Guidance, {{org_field_name}} will:

• Conduct full right-to-work checks on all applicants before placement
• Require candidates to provide valid and original documentation such as passports, biometric residence permits, or immigration status documents
• Make and retain copies of all relevant documents for a minimum of two years after employment ends
• Conduct follow-up checks where limited leave to remain is held
• Use the Home Office Employer Checking Service where necessary
  Failure to provide evidence of the right to work in the UK will result in the candidate being withdrawn from the recruitment process.

7. Sponsorship of Overseas Workers

{{org_field_name}} does not currently act as a licenced sponsor under the UK Points-Based Immigration System and cannot issue Certificates of Sponsorship (CoS). However, where workers present with existing sponsorship or visa rights, the agency will:

• Verify their immigration status and work permissions
• Confirm any restrictions on working hours or sector
• Ensure compliance with the conditions of their visa throughout employment

8. Equality and Diversity

All recruitment, selection, and employment practices will comply with The Equality Act 2010. {{org_field_name}} will:

• Treat all candidates fairly and without discrimination
• Ensure that no overseas worker is disadvantaged due to language, cultural background, or nationality
• Make reasonable adjustments where required to support equal access to employment
• Promote diversity and inclusion as core values of the organisation
• Ensure that equality principles are embedded in recruitment, induction, supervision, and ongoing employment

9. Recruitment of Overseas Workers

When recruiting overseas workers, {{org_field_name}} will:

• Conduct transparent and ethical recruitment practices
• Use only reputable recruitment partners when recruiting internationally
• Ensure candidates fully understand their employment terms, including job role, working hours, pay rates, accommodation (if applicable), and training requirements
• Never charge recruitment fees to candidates
• Provide candidates with written employment contracts
• Support candidates with pre-employment checks including DBS, references, and occupational health clearance

10. Induction and Support

Overseas workers will receive a comprehensive induction which includes:

• Orientation to UK health and social care standards
• Introduction to the Code of Conduct, safeguarding, equality, and health and safety standards
• Clear explanation of their rights and responsibilities
• Support with understanding client-specific policies and workplace expectations
• Access to the Director or designated staff for pastoral support
• Access to mandatory training and further development opportunities

11. Supervision and Appraisal

Overseas workers will receive the same supervision and appraisal opportunities as all other staff. The Director will ensure:

• Regular supervision sessions are available
• Appraisals are conducted at least annually
• Support is provided to overcome language barriers, cultural adjustments, or unfamiliarity with UK care settings
• Feedback is provided in a constructive, supportive, and culturally sensitive manner

12. Preventing Exploitation

{{org_field_name}} has zero tolerance for the exploitation, discrimination, or mistreatment of overseas workers. The Director will:

• Ensure that all workers are paid at least the National Minimum Wage or National Living Wage as appropriate
• Ensure that working time, rest breaks, and annual leave comply with The Working Time Regulations 1998
• Protect overseas workers from unfair treatment or dismissal
• Encourage staff to report concerns through the Whistleblowing Policy
• Investigate all allegations of exploitation promptly and take appropriate action

13. Confidentiality

Candidate information will be collected, processed, stored, and shared in line with the Data Protection Act 2018 and the UK GDPR. The Director will ensure that:

• All personal and immigration-related information is handled confidentially
• Only authorised persons have access to candidate records
• Data is retained securely and only for as long as necessary

14. Training

Staff involved in recruitment and management will receive training covering:

• Right-to-work checks
• Immigration rules relevant to healthcare staffing
• Equality and diversity in recruitment
• Supporting overseas workers during induction and supervision
• Safeguarding and whistleblowing
  All training will be reviewed annually and updated when legal or regulatory changes occur.

15. Incident and Complaint Management

Any concerns relating to the employment, treatment, or wellbeing of overseas workers will be:

• Investigated promptly by the Director
• Addressed in line with the Complaints and Whistleblowing Policies
• Reported to appropriate external bodies where required
• Recorded and reviewed to identify learning and improvement actions

16. Director’s Oversight

The Director will:

• Ensure full compliance with this policy
• Review the effectiveness of recruitment and support for overseas workers
• Monitor the treatment, supervision, and integration of overseas workers into the workforce
• Review incident and complaint data relating to overseas workers
• Ensure that learning is embedded into future recruitment, induction, and support processes

17. Policy Review

This policy will be reviewed annually by the Director or earlier if required by changes in immigration law, safeguarding guidance, or agency operational needs.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.