With ever-changing regulations and mountains of paperwork to go through, Right To Work (RTW) checks can get…complicated, to say the least.
And if you’re working for a care org, with all the associated CQC requirements, it can get even more confusing. But it doesn’t have to be.
Hamraj Gulamali, Zinc’s Head of Legal and Compliance, as well as Matthew Bond, CEO and co-founder of Borderless, sat down together to discuss everything you need to know about RTW, sponsorships, and how you can stay compliant.
They covered:
- What RTW looks like for care organisations
- Common mistakes and their real-world implications
- What you need to know about CQC compliance and sponsorships
- How to make the process painless
Keep reading for all the insights.
Got a spare 45 minutes? Watch the entire conversation here.
Right to work checks: The basics
When surveyed, 54% of the webinar audience said that keeping up with changing regulations was their top challenge, while 29% said that ensuring compliance and avoiding fines was their main concern.
When it comes to keeping up with regulation and compliance requirements, a right to work check is a legal requirement for all UK employers: no exceptions. It makes sure that your employees have the legal right to work in the country. Regardless of nationality, you have to run this check — and keep records of the process.
“If you’re employing people in the UK, you have the obligation to check their right to work,” said Hamraj. “There’s no way around that.”
There are several ways you can verify RTW, including:
- A British or Irish passport
- A British or Irish birth certificate and national insurance number
- A sharecode for non-UK nationals
Learn more about right to work checks with Zinc here.
Right to work for care organisations
To ensure compliance as a care organisation, you need a clear process. If your worker isn’t a UK citizen, follow the steps below:
- Request their share code and date of birth
- Access the UK Government’s Right to Work service
- Input the details
- Review the worker’s status
- Download and save a PDF copy
- Verify and record
If you don’t follow a compliant process, fines can reach up to £20,000 per illegal worker. And as a care organisation with tight margins and a high reliance on migrant workers, you can’t afford for that to happen.
Common mistakes and statutory excuse
Statutory excuse is your legal protection against penalties in the event that you hire someone without the right to work. At its core, it asserts that you’ve done your due diligence and checked someone’s right to work status through the proper channels.
Or, as Hamraj described it: “If the employer has done everything correctly and followed the correct process, but they’ve still been defrauded, you would have a statutory excuse because you followed the guidance correctly.”
So where does it go wrong for care organisations?
No checks: Failing to perform RTW checks entirely is the most basic compliance failure — and hopefully one that most organisations don’t fall into.
Poor record-keeping: If you can’t find a record of someone’s RTW, does it even exist? Not maintaining or losing records undermines your compliance efforts.
Invalid documents: Accepting expired documents fails to establish a statutory excuse, and puts you at risk.
Failure to re-check: “If someone’s on a one- or two-year visa, that visa might expire,” said Matthew, “and then you go from employing someone legally to illegally.” Many visas come with expiration dates, and without a comprehensive re-check process in place, you could miss it and be liable for penalties.
What else do care organisations need to know about CQC compliance and referencing?
We surprised our audience with a pop quiz, and they aced it. Almost everyone knew that the CQC required ID checks, DBS, and employment history verification for employees.
In fact, there are a number of things care organisations need to watch out for if you’re going to be prepared for your next CQC inspection. Not only does the CQC want to see evidence that you’re compliance with RTW requirements, but they’re also looking for:
- Background checks: DBS and employment history verification are must-haves.
- Referencing: Using a dedicated referencing platform can help fill gaps where CQC guidance isn’t explicit.
- Rechecks: For ongoing compliance, you should run rechecks regularly
If you’re sponsoring workers, you need to continuously monitor RTW status and keep clear records throughout employment. CQC requires you to keep records for the entire time they’re working for you, plus two years.
Tips for making compliance easier:
In the face of a CQC inspection, compliance can be daunting — especially when you’ve got dozens of other projects on your desk. “The CQC has some of the clearest guidance out there,” said Hamraj, “but it’s still verging on unhelpful.”
There are ways to streamline your process and make sure you’re as efficient as possible, even under tight deadlines:
Use a digital solution
Yes, we know — we’re a bit biased. But human-led referencing and background checks are more prone to error than automated systems, and they have the added benefit of saving you time and energy.
Automate alerts
A good HRIS system will alert you when visa expirations come up, so you’re never caught out.
Centralise your systems
Storing RTW check results in one place means you’re not scrambling when inspections happen. And if your team grows or changes, they’re a one-stop place for everyone to get on the same page.
Key takeaways: RTW checks for care organisations
At the end of the day, RTW checks are non-negotiable for all care organisations, and the costs of making a mistake are high.
“We make mistakes at work sometimes, and we’re lucky that we’re imaginative and can grow from mistakes,” pointed out Hamraj. “But we’re not best suited for those really repetitive tasks.” Bringing in digital tools to help you automate your process is the best way to make sure you’re staying compliant while also cutting down on admin.
If you only remember three things, remember these:
- Everyone needs a RTW check, no matter what their nationality is
- The fine for non-compliance is £20,000 per worker
- You must keep records for at least two years after their employment ends
The webinar wrapped up with a poll, in which 53% of attendees said that their next step was to speak to leadership about improving RTW process and compliance at their organisation.
What’s yours?
If you want to simplify compliance and make sure you’re staying stress-free, talk to a member of our team today about using Zinc as a care organisation.
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