Legal update The Home Office has published a new
Code of Practice for employers to follow when carrying out right to work checks. This applies to all employers; however, it is particularly important for those operating in the care home industry, given the significant proportion of individuals from other countries being recruited. Since the expansion of the sponsorship system to incorporate care roles in 2022, the numbers of sponsored workers in the care sector have increased significantly. Recent figures show that there are now nearly 60,000 care workers on a skilled worker visa in the UK, making up over a third of the total number of sponsored workers in the UK. With the care sector seemingly becoming the major users of the sponsorship system, care homes are going to come under increasing scrutiny from the Home Office. It is therefore vital that businesses ensure that their internal procedures are robust and that their staff are trained and up to speed on sponsorship duties.
There are significant fines (which have
tripled) for employers failing to carry out appropriate right to work checks and could amount to a maximum fine of £60,000 per employee.
Disclaimer
The contents of this article are provided as general guidance and should not be relied upon as legal advice.
Criminal sanctions (i.e. up to 5 years’ imprisonment) may also apply where an employer knowingly appoints or continues to employ an individual who does not have the legal right to work in the UK. In addition, under Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, care providers are required to ensure that they only employ ‘fit and proper’ staff. To meet this regulation, providers must
operate robust recruitment procedures, including undertaking any relevant checks. They must have a procedure for ongoing monitoring of staff to make sure they remain able to meet the requirements, and they must have appropriate arrangements in place to deal with staff who are no longer fit to carry out the duties required of them. Failure to do so may result in the CQC questioning the fitness of the provider to provide its services, and likely taking its own enforcement action against the care home.
Natasha Smith n
Natasha joined CooperBurnett’s litigation department in 2020 as a senior associate specialising in employment law. She brings a wealth of experience advising clients on a variety of employment matters. A member of the Employment Lawyers’ Association, Natasha regularly advises clients on queries relating to contractual terms, unfair dismissals, redundancies, and discrimination matters. She is experienced in drafting and advising on settlement agreements and particularly enjoys negotiating deals.
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allmanhall.co.uk allmanhall.co.uk April 2024
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