A recent change to the Fit Note

From 1 July 2022, fit notes can now be certified by a wider range of healthcare professionals. These professionals are nurses, occupational therapists, pharmacists and physiotherapists as well as GP’s. The requirement for the healthcare professional to sign the fit note in ink has been removed and replaced by the issuer’s name and profession.

What is a Fit Note?

People can only be given a fit note if their healthcare professional considers their fitness for work is impaired.

Each organisation will have their own procedure for informing about absences from work due to sickness. Notification of absence is important because it ties in with Statutory Sick Pay (SSP) and with occupational sick pay. Occupational sick pay is paid by organisations that provide a benefit over and above SSP.

The employer should review the fit note. If the employee’s fit note says that they are NOT fit for work, this is evidence for the employer’s sick pay procedure. The fit note will state how long the employee will not be fit for work.

If the employee’s fit note says that they MAY be fit for work, the employer and employee should discuss whether there are any changes which could help them return to work. It may be necessary to carry out a risk assessment (e.g., if it states that the employee should avoid lifting, the employer would be liable if they gave them work that involved lifting and handling). If the employer cannot agree to any changes, then the fit note should be treated as if it says that the employee is not fit for work.

The gov.uk website sets out five things an employer should do:

  1. Check whether the employee’s healthcare professional has assessed that they are not fit for work or may be fit for work;
  2. Check how long the employee’s fit note applies for and whether they are expected to be fit for work when their fit note expires;
  3. If the employee may be fit for work, discuss the fit note and see if you can agree any changes to help their return to work while it lasts;
  4. If the employee is not fit for work or if they may be fit for work, but you cannot agree to any changes, use the fit note as evidence for your sick pay procedures;
  5. Take a copy of the fit note for your records (the employee should keep the original).

Keep in mind:

  • Supporting someone with a health condition to return to work can save money and minimise disruption;
  • Employees may return to work before they are 100% fit – work may even aid their recovery;
  • Access to Work can help employees with a disability or health condition. This includes paying towards equipment or support.

Self-certifying

Self-certifying for sickness absence that is 7 days or less, including weekends, means that a fit note is not required. The employer normally provides a form for an employee to self-certify. To claim Statutory Sick Pay, you must have been off work for more than 3 days in a row to be eligible. An on-line form is available for employees to complete on the website gov.uk.

Return to work meeting

It is good practice for employers to hold a Return to Work (RTW) meeting with employees who have been absent due to sickness. This is not a casual ‘how are you feeling’ chat, but a more sit-down and talk. This is an opportunity for a people manager to understand the reason for absence and to discuss what support, if any, may be required, and to bring the employee up to date on work matters whilst they’ve been away.

 

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

 

T: 01296 761288 or contact us here.

If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.

 

 

 

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Female Support Worker, RH16 – West Sussex

We are looking for an experienced Support Worker in the Crawley, Horsham, Brighton area

 

Lindfield

£13 – £15 an hour – Part-time, Permanent

  • Hold a UK drivers’ licence
  • Flexible – to cover other care staff shifts to ensure the smooth running of the care team
  • Non-smoker/vaper

Experience

Experience in caring for children/young people with cerebral palsy is an advantage; administration of medication, follow through on therapy, keep accurate records. Enthusiasm, patience, common sense and a willingness to learn are key aspects of the role. The ability to work alone.

Our client

We are currently looking for a number of daytime Female* Support Workers who can be flexible in the availability of shifts worked. If you can work nights too, we’ll be happy to talk to you. Our client is a young girl in her teens who has complex physical and learning disabilities. She lives with her mother, father and 2 younger siblings. She is non-verbal with sensory impairments, hearing impairment and uses cochlear implants. She has complex physical needs and is a wheelchair user.

Full support is needed to undertake all activities of daily living. She is fed via a gastrostomy and uses a combination of facial expressions. symbols and some eye pointing to communicate. She requires a high level of care both during the day and night. If you are available for night shifts where our client frequently awakes and requires attention, we’d love to talk with you.

Our client enjoys the company of happy, lively people with outgoing personalities. She enjoys playing with her siblings, has a fantastic sense of humour and loves joining in all activities integral to family life. Ongoing training and support will be given.

* The employer claims exemption under the Equality Act 2010

Satisfactory references and proof of eligibility to work in the UK will also be required.

This position requires a disclosure request from the DBS. A conviction will not necessarily prevent you from being employed.

Job Types: Part-time, Permanent
Part-time hours: 20-30 per week

Salary: £13.00-£15.00 per hour

Schedule:

  • Day shift

COVID-19 considerations:

  • Initial interviews are by phone or video conference
  • Vaccinations are preferable
  • Government guidelines relating to COVID apply

Experience:

  • Complex Care: 3 years (preferred)
  • Driving: 3 years (preferred)

Licence/Certification:

  • DBS for Child Workforce (preferred)
  • Drivers Licence (preferred)

Reference ID: Job Ref: Jun01HM

To find out more and to apply for this position visit: https://uk.indeed.com/job/female-support-worker-rh16-west-sussex-54c53ef723355de5

Closing date for applications: 1 August 2022

Can it ever be too hot to work in the UK?

The Health and Safety Executive (HSE) advice is that the temperature in all inside workplaces must be reasonable. Employers should take every possible step to ensure their employees are safe and comfortable.

Vulnerable people and their support workers are at an increased risk of dehydration and heat stress. A factsheet, titled “Heatwave”, was prepared by the NHS and has been updated with “information from an English evaluation of previous heatwaves and from the World Health Organization’s EuroHEAT study. It is part of a national programme to reduce the health risks by advising people what to do in the event of a heatwave, before it happens.” Follow this link to read the factsheet.

We set out below some useful information from the publication:

Keeping Safe

Managers must encourage support workers to follow these few simple tips for keeping safe:

  • Keep hydrated: Do not wait until you are thirsty to drink. Keep a water bottle with you all day and drink little and often. Avoid caffeinated drinks.
  • Take more frequent breaks: Wearing PPE/facemasks for an extended period can increase the effects of heat exhaustion and dehydration. Make arrangements to take more frequent breaks wherever possible where you can spend time without your facemask. Run your hands under a cold tap and splash cool water on your face.
  • Check the colour of urine: Dark coloured urine can often signify dehydration.

How to keep body temperature down

It is important for staff working in the care sector to know how to keep down the body temperature of the person they care for. Here are seven tips:

  • Ensure that they reduce their levels of physical exertion
  • Suggest they take regular cool showers or baths, or at least have an overall body wash
  • Dress them in light, loose cotton clothes to absorb perspiration and prevent skin irritation
  • Splash cool water on their face and the back of their neck. A damp cloth on the back of the neck helps to regulate temperature
  • Offer cold food at mealtimes, particularly salads and fruit with a high-water content
  • Offer regular drinks, preferably water or fruit juice, but avoid alcohol and caffeine (tea, coffee, colas).
  • Monitor their daily fluid intake, particularly if they have several carers or are not always able to drink unaided.

Heat-related illnesses

The main causes of illness and death during a heatwave are respiratory and cardiovascular diseases. Additionally, there are specific heat-related illnesses:

  • heat cramps – caused by dehydration and loss of electrolytes
  • heat rash – small, red, itchy papules
  • heat oedema – mainly in the ankles, due to vasodilatation and retention of fluid
  • heat syncope – dizziness and fainting, due to dehydration, vasodilatation and certain medications
  • heat exhaustion – left untreated, heat exhaustion may evolve into heatstroke
  • heatstroke – this can lead to a medical emergency, with symptoms of:
    • confusion
    • disorientation
    • convulsions
    • unconsciousness
    • hot dry skin

Keeping out the heat

Attention must also be taken of the environment in which people are cared in:

  • Keep curtains closed on windows exposed to the sun while the temperature outside is higher than it is inside
  • Keep the vulnerable person out of the sun, especially between the hours of 11 a.m. and 3 p.m.
  • Advise them to stay in the shade and to wear hats, sunscreen, thin scarves, and light clothing if going outside.

Further on-line advice is available at NHS UK which offers some useful guidance on looking after yourself and others during the hot weather.

 

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here.

If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.

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Join our team working as an on-call Night Support Worker._ 2 nights per week are available (Monday, Tuesday or Wednesdays) or Sunday nights. All on-call night care shifts are 11 hours, from 9.30pm to 8.30am.

We offer excellent rates of pay and lovely working conditions.

We are now recruiting for a permanent addition to this small care team looking after a delightful boy with complex care and medical needs. Two weekday on-call night shifts (Monday, Tuesday or Wednesday) are required, as well as one weekend on-call night shift (Sunday), with additional cover hours also available.

  • Our client is a 12-year-old cheeky chap who lives at home with his mum and dad.
  • He has cerebral palsy and additional medical needs; he is tube fed and is a wheelchair user.
  • He is supported by a home care team who work closely with Mum and Dad who are instrumental in their son’s care.
  • We are seeking a calm, engaging and experienced support worker to join his team.

You will get our client ready for bed, set up his bedroom and sleep system, ensuring he is comfortable and settle him to sleep. As this is an On-Call Night you can then go to bed, in the carer’s room, however you will need to be alert to his waking during the night via a CCTV monitor. He is often disturbed a couple of times and can take time to settle back down; he may need repositioning to help him drift back off to sleep. In the morning, you’ll assist with the usual routine and help get him ready for school.

The position will suit a confident, reliable and caring person who has flexibility to fit into the team and support the family with the care hours required. There is the possibility also to accompany our client and his family on holidays in the UK or abroad. Additional hours can be available, to be discussed during interview.

Candidates will ideally be experienced in supporting clients with additional needs, although specific training will also be provided. You will need your own transport to travel to the family home for shifts.

All applicants invited for an interview will be asked to provide documentary evidence confirming your right to work in the UK, and posts offered are subject to satisfactory references and successful enhanced DBS checks. The employer is committed to safeguarding and promoting the welfare of those in its care. You will be required to complete an induction and training programme which includes safeguarding best practice.

It is an expectation that all staff will need to be fully vaccinated for Covid-19 or are able to provide a relevant reason for exemption, due to the nature of the work.

Part-time hours: 9.30pm – 8.30am every night worked. Additional hours, both daytime, evening and during school holidays could be available at times.

If you live in Pulborough or close to Coldwaltham, Fittleworth, Amberley, Billingshurst, Greatham, Storrington, please apply.

Driver: Essential due to the location                            Part-time hours: 11 hours per shift

Job Types: Part-time, Permanent

Salary: £127.00 per shift (weekday on-call nights) / £135.00 per shift (Sunday on-call nights)

Experience:

  • Complex Care: 3 years (preferred)
  • Must be able to reliably commute to Pulborough (preferred)

Licence/Certification:

  • DBS for Child Workforce (preferred)

Reference ID: JU0722TH

To find out more and to apply click here to follow the link

Closing date for applications: 7 August 2022

Embrace HR Aylesbury Right to Work Checks

UK employers have a legal obligation to comply with the prevention of illegal working legislation. This requires employers to conduct basic documentation checks on every UK-based employee to verify that any individual employed has the requisite permission to perform the work on offer. Failure to carry out the correct checks in the prescribed manner could incur a civil penalty of up to £20,000 per illegal worker.

Importantly, as part of your recruitment and onboarding process, the checks must be carried out indiscriminately on all prospective employees, regardless of nationality, race or ethnicity. Singling out certain classes of individual could lead to complaints of unlawful discrimination. All checks must be carried out before the person starts work.

Right to work checks apply to ALL employees including British Nationals, paid and unpaid, including voluntary workers and those over the age of 16.

In this Right to Work guidance, we explain about the new Home Office online checking system and how to conduct employer Right to Work checks as well as the Right to Work documents that should be provided by your employees.

New Right to Work check Rules

During the Covid-19 pandemic and the Government’s strategy to encourage home working, adjusted remote checks were introduced for British/Irish Nationals which allowed the employee to send copies of their ID documents by email and for the employer to carry out the check via video link – because it was not always possible to carry out Right to Work checks face to face. This method is being phased out and can no longer be used after 30 September 2022.

There are now three ways in which to conduct employer Right to Work checks:

  1. Home Office online check which is used for migrant workers only
  2. Manual check for British/Irish Nationals
  3. New IDVT (Identity Document Validation Technology) check via IDSPs (ID Service Provider) which is launching from 1 October 2022 and is intended for British/Irish Nationals

Below we identify the requirements for each of these three ways.

1 Home Office online check for migrant workers

  • The worker will generate a ‘check code’ via the Home Office Right to Work website and give this to the employer
  • The employer will complete the online Right to Work check by entering the individual’s details on the ‘checker’ section of the Home Office Right to Work website
  • The employer must then conduct either a face-to-face check or a check via video link to verify that the photo matches the individual and that the visa is valid for the type of work being offered
  • In order to constitute a valid Right to Work check, the employer must keep a copy on file of the worker’s immigration status document, with photograph, which shows that they have the correct leave and that they can do the work in question
  • The employer must ‘certify’ the document to confirm that they have seen the original document by adding their signature and print their name, as well as the date and time that the check took place
  • These on-line checks are now mandatory for this group

2 Manual check for British/Irish Nationals

  • This method is for British/Irish Nationals or people who have the right to live and work in the UK indefinitely and who have a physical visa/stamp in their passport* (*Annual checks should be carried out to ensure there has been no change to visa conditions that might affect the visa status, eg marriage breakdown if on a spousal visa)
  • The original documents must be used for the check and the worker must send their original documents by secure delivery if it is not possible for the employer to carry out a face-to-face check
  • Clear, colour copies should be made of all documents which must be ‘certified’ by the checker to confirm that they have seen the original documents by adding their signature and printing their name, as well as the date and time that the check took place. Each document submitted should be certified in this way
  • Checks can be carried out via video link provided the checker is in possession of the original documents

3 New IDVT via IDSP for British/Irish Nationals

  • This method comes into effect from 1 October 2022
  • It is to be used for British/Irish Nationals only
  • Only valid (in date) passports can be used
  • This is an outsourced method to a third party who will carry out checks on behalf of the employer
  • IDSPs charge a fee – anything from £20 to £100 – there is no set fee, so employers should shop around
  • It will still be necessary for the employer to conduct either a face-to-face check or a check via video link to verify that photographs match the individual and then ‘certify’ the document by adding their signature and print their name, as well as the date and time that the check took place

Right to Work Checklist

When carrying out a manual Right to Work check, the employer must obtain original documents from either List A or B of acceptable documents. [GOV.UK: Employer’s right to work checklist 06/04/2022]

The Checking Process

The majority of candidates will be available for a face-to-face check at interview stage, therefore options (1) and (2) will be used, with option (2) being the most common:

  • Embrace HR will ascertain at telephone interview stage that the candidate has the correct Right to Work documentation
  • Embrace HR will advise candidates to take their original documents which show their Right to Work in the UK with them on their first face to face meeting with the parents and/or case manager
  • Parents/case manager must ask to see a copy of the candidate’s Right to Work documentation at the first face-to-face meeting
  • Documentation should be checked, and a clear colour copy of all documents should be made and certified by the checker to confirm that they have seen the original documents, by adding their signature and printing their name, as well as the date and time that the check took place. Each document submitted should be certified in this way
  • Copies of these certified documents should be sent by email to Embrace HR
  • In the case of migrant workers, Embrace HR will advise the candidate to generate a ‘check code’ via the Home Office Right to Work website and to give this to the parents/case manager on their first face-to-face meeting
  • Parents/case manager will follow the steps as described under option (1) above to carry out the Right to Work check and send certified copies by email to Embrace HR

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here.

If you would like to receive our newsletter, please sign up here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, from recruitment through to exit.

Job Support Worker

Female Support Worker, RH16 – West Sussex

We are looking for an experienced Support Worker in the Crawley, Horsham, Brighton area

 

Lindfield

£13 – £15 an hour – Part-time, Permanent

  • Hold a UK drivers’ licence
  • Flexible – to cover other care staff shifts to ensure the smooth running of the care team
  • Non-smoker/vaper

Experience

Experience in caring for children/young people with cerebral palsy is an advantage; administration of medication, follow through on therapy, keep accurate records. Enthusiasm, patience, common sense and a willingness to learn are key aspects of the role. The ability to work alone.

Our client

We are currently looking for a number of daytime Female* Support Workers who can be flexible in the availability of shifts worked. If you can work nights too, we’ll be happy to talk to you. Our client is a young girl in her teens who has complex physical and learning disabilities. She lives with her mother, father and 2 younger siblings. She is non-verbal with sensory impairments, hearing impairment and uses cochlear implants. She has complex physical needs and is a wheelchair user.

Full support is needed to undertake all activities of daily living. She is fed via a gastrostomy and uses a combination of facial expressions. symbols and some eye pointing to communicate. She requires a high level of care both during the day and night. If you are available for night shifts where our client frequently awakes and requires attention, we’d love to talk with you.

Our client enjoys the company of happy, lively people with outgoing personalities. She enjoys playing with her siblings, has a fantastic sense of humour and loves joining in all activities integral to family life. Ongoing training and support will be given.

* The employer claims exemption under the Equality Act 2010

Satisfactory references and proof of eligibility to work in the UK will also be required.

This position requires a disclosure request from the DBS. A conviction will not necessarily prevent you from being employed.

Job Types: Part-time, Permanent
Part-time hours: 20-30 per week

Salary: £13.00-£15.00 per hour

Schedule:

  • Day shift

COVID-19 considerations:

  • Initial interviews are by phone or video conference
  • Vaccinations are preferable
  • Government guidelines relating to COVID apply

Experience:

  • Complex Care: 3 years (preferred)
  • Driving: 3 years (preferred)

Licence/Certification:

  • DBS for Child Workforce (preferred)
  • Drivers Licence (preferred)

Reference ID: Job Ref: Jun01HM

To find out more and to apply for this position visit: https://indeedhi.re/3OrIlhk

Closing date for applications: 30 June 2022

Embrace HR Aylesbury Recruitment case study

One of the services we provide here at Embrace HR is recruitment. This case study is an example of how we work with, and for, our clients.

Background

In 2014, Embrace HR Limited was introduced to PK’s Mum and Dad by a case manager who was providing occupational therapy for her then 8-year-old son.

For some time, Mum had a fairly stable care team of special needs nannies, but there was movement on the horizon for one reason or another and she needed to employ more staff. The employment conditions were very good, staff were and continue to be paid above NMW (National Minimum Wage), they are directly employed and have regular shifts. Most staff worked in pairs during the day but at night one person was on duty as it was a waking night role.

Cecily Lalloo visited the family home and was met by a lovely Mum who was friendly, welcoming, and obviously open to recruiting positively. She showed Cecily photos of PK who was at school at the time – a boy, small in stature, with big brown eyes and a lovely smiling face. He was clearly a happy child. His Mum explained that he needed care for his everyday needs, including personal care. He was non-verbal but his special needs nannies were able to communicate with him once they got to know him.

Our meeting with Mum meant that we got to know the environment in which the staff worked, details about her son, what she looked for in her care staff, and a sense of the family. This type of briefing is extremely helpful when recruiting. Although we don’t share all personal details with candidates, it is helpful for us to be able to ascertain the type of person that would fit with the family.

Over the years we have recruited a number of staff for the family. Mum’s preference is to see more candidates rather than a shortlist, even if we feel they may not fit the bill. This allows her to benchmark, she can let us know why she hasn’t chosen certain staff, and then we are able to find people more suited to her needs.

The Challenge

Our role at Embrace HR is to match people with the right attitude and skills to not only the client, but to the family.

In the current tight recruitment market, it can take between six to nine weeks to find suitable candidates – not least because there is a shortage of people applying for care work. We cannot rely solely on job boards and it is becoming increasingly more important to find innovative ways of recruiting. We find that people are not responding to requests for interview, or they might accept an interview date and then fail to attend – even when we have checked with them the day beforehand or even on the day of the interview itself!

Naturally we create bespoke adverts which will appeal to different people, and the information needs to be presented simply and clearly, as potential candidates will often scan for jobs via their mobile phones. We respond to applications promptly as we find that good people disappear quickly.

PKs parents are professionals and they both work. When we recruit, we find out from the parents when they might be available to interview. This is important because we need to arrange interviews as quickly as possible. During a recruitment campaign, PK’s Mum has always provided us with times when she is available to interview.

The Result

After sending Mum around eight candidates, she shortlisted a couple, brought them back for second interviews and assessments, but still wasn’t absolutely sure. In the meantime, Cecily had spoken a couple of times to one candidate, S, who did not fulfil all the requirements, but something resonated. Cecily liked her attitude, her tone of voice, how she described herself, the work she was doing, and the reason she felt she was right for the role. However, it was clear that there would need to be quite a lot of training. Thankfully, Mum’s induction and training is excellent and she has always been happy to invest time in training the right people. Cecily had a strong feeling about S and sent Mum a summary of the interview and the reasons why she thought that she should see her. We followed up with a telephone call to Mum and agreed a date to meet.

S was overjoyed at having the opportunity to interview. We briefed her on the family, told her to prepare and to really show Mum what transferable skills she had and also to make sure that Mum was aware that she was eager to learn and undergo the necessary training.

Mum was delighted and took to S straight away. After a further interview when S met PK and carried out assessment work, Mum asked us to offer her the role. We kept in touch with S and with Mum during the period between offer and start date – a crucial step to avoid losing candidates to another job role.

We recruited S in 2016, and in 2018 she reluctantly resigned because she moved abroad. However, in 2019 she contacted Mum and asked if a job was available for her. Mum was delighted and S returned to the fold and is once again a very strong team member.

S’s first language was not English but she has been keen to learn and fitted in well with the other team members and has clearly made her mark. S is among other members of PKs staff who Embrace HR are proud to have recruited to the team.

Of Embrace HR’s services, PK’s Mum said:

“We have a small care team of which two of our main carers were recruited through Cecily and remain as perfect fits, a reflection of the thorough and effective process conducted by Cecily and team!”

For further information, please get in touch on tel: 01296 761 288 or by email to: admin@embracehr.co.uk.

Job Support Worker

Support Worker Complex Care – Northwood HA6

To care for a 14-year-old girl with cerebral palsy, she is dependent for all her care needs, and therefore the requirement is to provide assistance with personal hygiene. educational, social and leisure activities.

HOURS:

Working days: Monday, Tuesday and Wednesday

Term time – approx. 39 weeks per year

Working hours: 16.00 – 22.00 (18 hours per week)

Potential for other shifts also during school holidays

Potential for Saturday and Sunday by arrangement

PAY: £14 per hour afternoons/evenings

PAY: £16 per hour Saturday and Sunday shifts

Main duties and responsibilities

  • Carrying out the afternoon/evening routine which includes preparing packed lunch, shower, follow the therapeutic programme, downtime comprising of watching TV or relaxing with her iPad, prepare for bed
  • Work with the client, professionals and family to undertake duties commensurate with the post and as requested by the client and family
  • Be aware of issues of safeguarding and alert parents to any concerns regarding the client’s safety and wellbeing
  • Participate in meetings called by the parents
  • As a professional member of the staff team, support colleagues where necessary
  • Provide a safe and happy environment

General

  • Ensure that all duties are carried out to a high standard and that the welfare of the client is paramount at all times
  • To undertake any other related duties as required from time to time

Person Specification

Essential requirements:

  • Female required – this is an exemption of the Equal Opportunities Act 2010
  • Enhanced DBS Certificate – applied for by employer if required
  • Able to drive an adapted vehicle although training will be provided to the right applicant
  • Full clean UK driver’s licence
  • The driver’s license must not have drink/driving endorsements
  • Good level of spoken English
  • Awareness of safeguarding and the rights of young people
  • Punctual, committed and dependable
  • A calm temperament, trustworthy, reliable with a good sense of humour, and a passion for working with children and young people
  • Have a pleasant, cheerful outlook
  • Satisfactory references
  • Right to work in the UK
  • Be willing not to smoke during your hours of duty

Desirable:

  • Health and Social Care First Aid Certificate
  • Flexibility to work occasional additional hours

School holidays and half terms: Shifts by agreement

Support Worker hours and rates of pay

Salary: £14.00-£16.00 per hour

Part-time hours: 18 per week

Reference ID: MAR022AP

Job Types: Part-time, Permanent

To find out more and to apply for this position visit: https://uk.indeed.com/job/support-worker-8bf14294b10a67eb

Closing date for applications: 10 June 2022

Embrace HR Aylesbury Right To Work

As part of its bid to clamp down on illegal workers, the government has made changes to the way in which migrants can prove their right to work in the UK, which came into force this month…

Right to Work

A reminder to employers that the changes in the way migrants can prove their right to work came into effect on 6 April 2022.

The ‘prevention of illegal working’ system is going to undergo considerable change. The Home Office’s intent to create an immigration system where visa holders, by and large, demonstrate their status via ‘digital’ immigration status – rather than physical documents – and the growth in home working, has necessitated significant changes to how employers carry out right to work checks.

There are two types of right to work checks: an online check and a manual check. The type of check that you are required to carry out as an employer depends on the status of the job applicant. The types of documents which are acceptable as evidence of right to work are contained within List A and List B, detailed in the Employers’ Right to Work Checklist.

  • List A has the documents that provide an ongoing right to work, for instance those provided by British nationals or those who have Indefinite Leave to Remain in the UK.
  • List B is split into two groups of documents which provide a temporary right to work:
    • List B Group 1 includes the documents providing temporary visa permission which must be checked before the start of employment and again before expiry.
    • List B Group 2 includes those individuals who cannot produce their original documents. For instance, they have an outstanding application or appeal with the Home Office.

Within the guidance, Annex F has been added to support employers seeking guidance on what documentation Ukrainian nationals will need to prove their right to work. More on this below.

The recent changes apply to any job applicants who hold either a Biometric Residence Card (BRC), Biometric Residence Permit (BRP) or Frontier Worker Permit (FWP).

The Home Office announced these changes at the end of last year, and this now means that anyone holding the documents mentioned is only able to evidence their right to work using the Home Office online service.

This also means that employers can no longer accept or check a physical BRP, BRC or FWP as valid proof of right to work. This applies even if it shows a later expiry date.

Please note that it is not necessary for you to retrospectively check the status of BRC or BRP holders who you employed up to and including 5 April 2022. For these members of staff, as long as the initial checks were undertaken in line with the guidance that applied at the time the check was made, employers will not be liable to any penalties.

Employment of Ukrainian nationals

In response to the evolving conflict in Ukraine, the Home Office has introduced two visa schemes to support Ukrainian nationals, and their family members, to come to the UK.

Those who are granted a visa under these schemes are able to work, rent a home, and access public services, such as medical treatment and education.

Both schemes are free and do not include salary or language requirements but do have certain conditions which will need to be met.

  • Ukraine Family Scheme – this scheme allows both immediate and extended family members of British Nationals and people already settled in the UK to come into the UK.
  • Homes for Ukraine Scheme – this second scheme enables Ukrainian Nationals to be sponsored by UK residents.

All Ukrainian nationals arriving under the above schemes should obtain a BRP and employers are urged to clarify the requirements, which differ subject to whether the individual has a valid Ukrainian Passport or not. Any prospective employee who is a Ukrainian national and not applied for permission to stay in the UK, will not have a right to work. This means you should not employ them until this has been regularised.

What are right to work checks?

As an employer you must check that any job applicants have lawful immigration status in the UK before entering into employment. If you do not carry out these checks, you could be liable for a civil penalty.

An online right to work check is required for all BRC, BRP and FWP holders from 6 April 2022, as well as anyone who only holds digital proof of their immigration status in the UK. To carry out these checks you need the applicant’s date of birth and their share code, which they will have obtained online.

Please note that applicants from the UK still need to submit their paper documents to an employer in the usual way.

You can download a full guide to employer’s right to work checks at GOV.UK: An employers  guide to  right to work checks.

If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761288 or contact us here.

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Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, from recruitment through to exit.