CHANGES IN RIGHT TO WORK CHECKS

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CHANGES IN RIGHT TO WORK CHECKS FOR SOCIAL CARE
EMPLOYERS

• Social care employers are no strangers to
  completing thorough checks on new employees
  whether permanent, part-time staff or
  agency/contingent workers.
• The sector demands comprehensive verification
  processes to ensure that staff caring for
  vulnerable people have been thoroughly vetted.
• However, amid the Coronavirus pandemic, along
  with sweeping financial support schemes and
  programmers to avoid large-scale economic
  disaster, the government has announced a
  temporary easing of right to work checks, to help
  social care employers streamline the recruitment
  process.

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WHAT ARE RIGHT TO WORK CHECKS?

• Right to work checks determine that an applicant
  is legally permitted to carry out a job or work
  placement. These must take place in advance of
  employment beginning, and typically constitute
  verifying a persons ID by analyzing an official
  form of identification.
• Before Covid-19, this process would usually
  involve
• Asking the candidate to attend a meeting in
  person, bringing their ID document(s) with them.
• Having this ID matched to the applicant, and
  checked by an appointed person.
• Applying for a DBS check at the same time, to
  verify that the person does not have any
  undisclosed criminal record.
• Verifying any visa documentation required for
  overseas workers.
• The burden of responsibility falls on social care
  employers they have a legal obligation to ensure
  that employees are legally permitted to work in
  the UK.
• Civil penalties can be issued against employers
  if they have knowingly employed an illegal
  worker, regardless of which member of staff
  carried out the check. Some employers used a
  third party checking service, partially to
  delegate the workload and partially to mitigate
  the responsibility.

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RIGHT TO WORK CHECKS FOR APPLICANTS WITHOUT
DOCUMENTATION
In some scenarios, it may be that individuals are
unable to prove this right.   The number of
instances where this is a likelihood has
increased as a result of the Coronavirus
pandemic where individuals are unable to travel,
have had applications suspended, or immigration
proceedings postponed.
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• The Home Office offers an Employer Checking
  Service, whereby they will verify an applicants
  immigration status if
•  
• The person cannot provide documents usually
  because they are pending results of an appeal or
  Home Office application.
• The applicant has an Application Registration
  Card.
• The candidate has a Certificate of Application
  issued less than six months ago.
• The applicant is a Commonwealth citizen and moved
  to the UK before 1988.
• It is important to note that while employers must
  comply with carrying out right to work checks,
  they must also not discriminate against any
  employee or potential employee.
•  
• This means giving thought to equal opportunities
  and offering the same process for verifying and
  vetting employees regardless of other
  circumstances.

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The Importance of Right to Work Checks in the
Health and Social Care Sector
While employing legitimate staff is a priority in
all industries, for jobs in care, this is even
more crucial.   Every social care applicant must
be verified to ensure   That they are legally
allowed to work. That they are who they say they
are. Safeguarding checks have been completed for
the protection of patients.
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Any certifications or qualifications the
applicant purports to have are verified. Health
and social care sectors are responsible for
looking after a wide range of people, most of
whom are vulnerable. It is therefore vital that
any social care worker, carrying out any kind of
role, has been verified before they begin
work.   Depending on the role and level of check
required, examples of the documents accepted as
part of a right to work check for jobs in care
include   Passport Biometric Residence
Permit Residence card Immigration Status
Document Positive Verification Notice (from the
Home Office) Documents are categorized into
different groups, and the type of check depends
on the role in question. For example, an ongoing
permanent position requires one right to work
check before the job begins, and is not then
required again.   Temporary workers may need to
undergo a right to work check before employment,
and again once permissions granted
expire.   Alternatively, this check may need to
be carried out every six months.
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What Has Happened to Right to Work Checks as a
Result of Covid-19?
Some of the most significant changes implemented
are around social distancing, and a drive to
reduce direct contact.   This means that many
social care interviews are conducted remotely,
and distance working practices are being
implemented in roles where this is
possible.   The government has announced several
changes to try and streamline the right to work
checks required from social care employers to
help them meet the guidelines, without stalling
recruitment   Checks may now be conducted via
video call rather than in person. Documents are
acceptable via scanned copies or photos, rather
than the original being mandatory. The Employer
Checking Service remains available when a
candidate cannot provide acceptable
documents. Other requirements remain unchanged,
including the lists of accepted documents, and
the responsibility to carry out right to work
checks for all social care Jobs.
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Social care employers have also been reminded of
the need to ensure that equal opportunities are
offered to all applicants, and nobody is
discriminated against because of their inability
to provide right to work documentation.   The
process for checks during the pandemic
is   Request a scanned copy or a photo of the
document(s) via email or app. Schedule a video
call where the applicant must show the original
document(s). Verify the original document(s) on
the video call match the scanned copies or
photos. Record the check made, and the date,
noting that it was carried out under temporary
Covid-19 rules. Use the online checking service
to verify Biometric Residence documents during
the video call, requesting permission from the
candidate to view their details. This process is
designed to ensure that remote communications
replace in-person right to work checks, and as
yet there is no timeline by which these new
regulations will become redundant.   At OUTT we
maintain the highest level of compliance
especially with right to work. Our automated
registration process utilizes the latest
technologies to verify official ID documentation,
right to work status, candidate identification
using biometric software and proof of address.
This is just one of the reasons employers are
favoring OUTT over traditional agencies.
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What Will Happen to Checks Against Jobs in Care
Post-Pandemic?
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Right to work checks will always be mandatory,
but currently, we cannot know when routine
procedures will resume.   The government advises
that social care agency will be notified when
Covid-19 measures cease. They may then need to
carry out follow-up verifications retrospectively
for all employees who started work while these
reduced measures were in place, or for those who
needed a follow-up right to work check during the
pandemic.   Although we do not yet know when the
measures will end, employers have been notified
that they will have an eight-week deadline to
carry out these retrospective checks.   If,
during a retrospective check, an employee is
found not to have permission to be in the UK, or
to be working, then their employment must end
immediately.   OUTT Social Care App provides
social care employers with the platform to easily
fill last minute shifts, care rotes and even
permanent vacancies direct with the candidate.
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Thank you- For more information Please visit-
https//outt.co.uk Contact us- 443330151040