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What should an employer know when there is an expectation that employees need to drive for their jobs.

Embrace HR

Set expectations

Employers in the UK, whether an individual or large or small business, who expect their workers to drive during the course of their employment, must comply with the necessary legal requirements. This guidance aims to outline the key steps to take when checking employees’ driving licences and provides an overview of the rules for driving in the UK.

We recommend that you set expectations at the start of employment by including in your Induction a topic such as: “Driving the employer’s vehicle and driving your own vehicle on the employer’s business”.

If it is essential that your employee drives as part of their job role, this must be stated in their contract. The employee must be made aware of the consequences should they be disqualified from driving. If they are disqualified, how will it affect their job role? Before any action is taken consult with an HR professional or employment law solicitor.

It is important to check the status of the driving licence before an employee is permitted to drive the employer’s vehicle to ensure that the insurance is not invalidated.

Where an employee is required to drive extensively during the course of the job role, encourage them to undertake defensive driving courses or other relevant training to enhance their driving skills and safety awareness. You may wish to offer them time off for the training, or even contribute towards the cost of training as part of their development.

In this document we will refer to “employee”, but the guidance applies to people who in employment status are known as “workers”.

Checking the employee’s driving licence

  1. Obtain consent before checking an employee’s driving licence. It is crucial to obtain their explicit consent. This can be in the form of a signed consent form or an email from the employee.
  2. Use the DVLA (Driver and Vehicle Licensing Agency) Electronic Service to check an employee’s driving licence. The system allows employers to verify driving entitlements, penalties and the validity of the licence using the code generated by the employee.
  3. Verify the photocard. Ensure that the employee holds a valid photocard licence.
  4. Check the licence categories. Review the driving categories specified on the licence to confirm that the employee is authorised to drive the vehicle they are assigned to.
  5. Check the address on the licence is the employee’s address that is registered with you
  6. Check expiry dates regularly to ensure that the licence has not expired. I recommend at least an annual check of the licence.

Rules for driving in the UK

  1. The Highway Code is the rule book for driving in the UK.
  2. Employees must be at least 17 years old to drive a car and hold an appropriate driving licence.
  3. Check your insurance. Many business-use insurances have an age limit restriction. If a driver is under their age restriction, special authority is required and usually premium is paid.
  4. It is essential that an employee’s driving licence is valid, has not been revoked or disqualified and has not expired.
  5. Your employee must advise you if they gain any penalty points or disqualifications. Keep a record of these points and disqualifications.
  6. Ensure that employees who drive the employer’s vehicles are covered by the appropriate insurance policies.
  7. If your employee drives their own vehicle for business purposes, request evidence of insurance and check regularly. Confirm that their vehicle meets MOT requirements if they are expected to carry a passenger. Many insurances include occasional business use for individuals.
  8. Encourage employees who are required to drive extensively for their job to undertake defensive driving courses or other relevant training to enhance their driving skills and safety awareness.

To summarise

As an employer it is vital to follow the guidelines to maintain legal compliance and prioritise the safety of your employees as well as other road users.

Driver risk assessments should be carried out and staff trained. Contact health and safety or other professionals who are competent for further information.

This guidance is for general information and does not constitute legal advice. For specific legal advice do consult a qualified professional.

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

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Night workers – what employers need to know

Photo of London night sky

Cecily Lalloo, MD of Embrace HR, independent specialist provider to the complex care sector, discusses how to properly support night workers in their roles, to protect their own wellbeing while enabling them to deliver the best possible care to those who need it.

Night work is commonplace in all aspects of healthcare, and is essential in delivering the care that is needed to people recovering from life-changing injury or in supporting them with ongoing complex needs.

And while this is an accepted and necessary way of working in care, to provide a 24-hour continuous service, the potential impact on health and safety must not be lost by employ-ers of those workers tasked with delivering care.

Employers have to ensure they comply with legislation in this area, to prevent fatigue, burnout and illness arising from employees who are not properly supported.

Risk assessments must be carried out as employers have a legal duty to assess the risks to the health and safety of employees (and risks to the health and safety of persons not in their employ-ment) to which they are exposed while they are at work. In the UK the Working Time Regulations 1998 sets out maximum working time which must be – supported by efficient management of employ-ees, to ensure night workers can achieve acceptable levels of sleep and rest, despite the disruption to their circadian rhythms, and protect their health and wellbeing.

Here, we look at some of the main issues employers need to consider.

Risks for night workers

For people who work nights, or those who work unsociable or very long shifts, these hours are at odds with the more accepted working patterns of working during the day.

Our circadian rhythm, which expects we will be awake during the day and sleep at night, can be disrupted by night work – and sleep is essential to mental and physical restoration to enable us to work effectively. It allows the body to recover from physical or cognitive ac-tivities and helps to protect against fatigue and anxiety.

However, for those working during the night, this is something that is less easy to achieve, and can lead to illness or the exacerbation of existing conditions.

Chronic fatigue resulting from night work is associated with conditions including chronic gastritis, peptic ulcers and cardiovascular illnesses such as hypertension and coronary heart disease. A UCL study found that working more than 11 hours places a person at a 67 per cent higher risk of developing heart disease compared with those who work a typi-cal seven or eight hour day.

Furthermore, fatigue or poor sleep can lead to a greater risk of errors or accidents, which could be of huge consequence when caring for individuals with acute needs.

Legislation supports night workers in being able to access regular medical checks, and if a night worker becomes ill and there is clear evidence to link their symptoms with night work, the employer must reassign the worker to other duties.

But in helping to reduce the chances of workers becoming ill or their wellbeing being com-promised, employers can take pre-emptive steps in protecting workforce and their wellbe-ing.

Risk assessments are a key part of that, and can ensure the workers tasked with deliver-ing care are able to properly protect those they are supporting.

Risk assessments

By properly managing risks and identifying the hazards of night work and helping to miti-gate them, workers are better supported to do their jobs and deliver the often life-saving care that is needed.

Employers must commit to addressing risks and protecting the safety, health and wellbe-ing of workers – which, as well as being best practice, can also help reduce sickness and absence, reduce staff turnover, reduce errors and accidents and increase productivity. Night works should be offered an annual night workers assessment.

A four stage process should be implemented:

1. Establish a system to manage the risks

2. Assess the risks in your workplace

3. Take action to reduce the risks

4. Review arrangements regularly.

A person must be appointed within the organisation to oversee this, and it is vital that workers are consulted and involved in any decisions about shift work.

Factors including fatigue should be prominent in a risk assessment, as well as other as-pects which we know affect healthcare workers such as workload, work activity, duration of shifts, rest breaks within and between shifts, mental and physical demands and welfare.

Risk groups among night workers – such as pregnant workers, younger and older workers, those with existing health conditions and new and temporary workers – should have their particular circumstances taken into account.

Monitor and review

Implementing the four step risk assessment process will reduce the likelihood of potential problems, but cannot always prevent them – which is why workers should be encouraged to report any problems as soon as possible

Supervisors have a role in identifying and reporting problems and if workers are concerned about their personal health, they should be encouraged to visit their GP.

Sometimes it will be necessary for the business to alter the shift schedule or make changes to the work environment. In this case, workers should be consulted in advance on the proposed changes.

While these changes may bring about improvements, they may also create problems, so monitoring any arrangements in place, to ensure they are working for everyone involved, is hugely important.

In any event, arrangements for night or shift workers should be reviewed periodically, to ensure their effectiveness.

Good practice recommendations

While carrying out robust risk assessments and implementing their findings will help the unique features of every business and every care situation, generally there are a number of approaches employers can take to support the wellbeing of their team.

Clearly every situation and business is different, and this may not be appropriate in every one; while it is not legally binding to take such steps, it can be advisable if appropriate to demonstrate the implementation of good practice.

• Plan a workload that is appropriate to the length and timing of the shift.

• Schedule a variety of tasks to be completed during the shift to allow workers some choice about the order in which they are done

• Avoid scheduling demanding, dangerous, monotonous and/or safety critical work to-wards the end of night shifts

• Avoid placing workers on permanent night shifts, and if possible,

• Offer a choice between regular and rotating shift schedules

• Where possible, arrange shift start/end times to be convenient for public transport or consider providing transport for workers on particular shifts

• Limit shifts to a maximum of 12 hours (including overtime)

• Consider if shifts of a variable length or flexible start/end times could offer a suitable compromise

• Allow workers some discretion over when they take a break where possible, but discour-age saving break time to leave work earlier

• Try to limit consecutive working days to a maximum of five to seven days and ensure there is adequate rest time between successive shifts

• Ensure supervisors and team members with responsibility for shift working arrangements are aware of the risks of night work and can recognise problems caused by this

• Provide training and information to workers, management and supervisors on the risks associated with night work and on coping strategies.

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Get up to date with latest statutory payment changes – April 2023

Embrace HR Aylesbury staff payment changes

As April gets closer, make sure you are up to date with the changes in minimum wage rates and other statutory payments for the tax year 2023/2024.

It is not long until April, and of course for anyone involved in HR or employing people, knowing the annual change in rates for the National Living Wage and other statutory payments is vital. Below we outline some of what you need to know:

 

National Living Wage

From 1 April 2023, the National Living Wage (NLW) will increase from £9.50 per hour to £10.42.

 

The National Living Wage (NLW) and National Minimum Wage (NMW) from 1 April 2023 are:
  Current Rate £

(1.4.2022 to 31.3.2023)

 Rates £

From 1.4.2023
National Living Wage 9.50 10.42
21-22 year old rate 9.18 10.18
18-20 year old rate 6.83 7.49
Aged under 18

(but above compulsory school leaving age)

 4.81 5.28
Apprentice aged under 19 4.81 5.28
Apprentice aged 19 and over, but in the first year of their apprenticeship 4.81 5.28

 

 Apprentices

Apprentices are entitled to the apprentice rate if they’re either:

  • aged under 19
  • aged 19 or over and in the first year of their apprenticeship

 

Apprentices are entitled to the minimum wage for their age if they both:

  • are aged 19 or over
  • have completed the first year of their apprenticeship

 

 Statutory Pay for Parents 

From April 2023, Statutory Maternity Pay (SMP) after the standard six weeks of 90% of pay is £172.48 or 90% of the employee’s average weekly earnings, whichever is lower. Note the same rate also applies to Statutory Paternity Pay and Statutory Adoption Pay.

 

Statutory Sick Pay

From April 2023 Statutory Sick Pay (SSP) will increase to £109.40 per week.  How much you need to pay an employee depends on the number of qualifying days they normally work each week and how many days they were off sick.

 

Further information can be obtained from the government website or by following this link  https://www.gov.uk/guidance/rates-and-thresholds-for-employers-2023-to-2024

 

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.

 

 

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Part-time workers’ holiday entitlement – keeping up with changes

With a significant Supreme Court judgement set to reform how part time workers’ holidays are calculated – and a Government consultation on this currently underway – employers must ensure they are on top of this fast-changing situation.

Here, we look at the current situation and how Employers should review their current policies and procedures ahead of any further changes.

Part-time workers are set to see changes in their holiday entitlement, which employers must ensure they are aware of to stay on top of their legal obligations.

Following a recent judgement from the Supreme Court, a consultation over holiday entitlement for part-year and irregular hours workers is being launched.

The Harpur Trust v Brazel case concerned the calculation of holiday pay and entitlement of a permanent part-year worker on a zero-hours contract. The judgment held that the correct interpretation of the Working Time Regulations 1998 is that holiday entitlement for part-year workers should not be pro-rated so that it is proportionate to the amount of work that they actually perform each year.

Part-year workers are entitled to 5.6 weeks of statutory annual leave, calculated using a holiday entitlement reference period to determine their average weekly pay, ignoring any weeks in which they did not work.

As a result of this judgment, they are now entitled to a larger holiday entitlement than part-time workers who work the same total number of hours across the year.

Employers are urged to take part in the Government consultation, ahead of a probable overhaul of their part-time worker holiday policy – but here, we look at the current situation and how to ensure you are compliant in meeting your obligations.

Current entitlement

Under the Working Time Regulations 1998 (WTR), all workers (this includes employees) are entitled to 5.6 weeks’ annual leave. For someone who works five days a week, this is 28 days. 28 days is the maximum statutory annual leave that must be given. Complications have arisen over the years in calculating this for those who work for less than five days a week, or less than 52 weeks in a year.

For part-time workers, working 52 weeks a year but less than five days, the solution is simple: their weekly days or hours worked are multiplied by 5.6 to get their yearly entitlement. For those who are not required to work for 52 weeks in the year, but are permanently employed (i.e., not on a fixed term contract), things are less clear. In the Harpur Trust v Brazel judgment, the Supreme Court ruled that part-year workers must be given 5.6 weeks annual leave, but this cannot be prorated in accordance with the number of weeks they work in a year – consultation is now underway by the Department of Business, Energy and Industrial Strategy (BEIS).

Pro-rated holidays

A part-year worker is anyone who doesn’t work every week of the year, such as someone on a term-time only contract. A part-time worker is anyone who works every week of the year but on fewer days or hours than a full-time colleague. A part-time pattern might mean they work three days per week instead of five, or 4 hours per day instead of 8, but they work 52 weeks per year.

It is important to understand the difference between a part-year worker and a part time worker as the holiday calculation is different for each. Annual leave can be pro-rated for a part-time worker. This is anyone who works 52 weeks per year but on less days/hours than a full-time colleague. For example, someone who works three days per week instead of five. This person would be entitled to 16.8 days’ annual leave instead of 28 days (5.6 x 3 = 16.8 days). Annual leave can also be pro-rated for fixed-term contracts, where there is a clearly agreed date for when the employment will end.

For example, if an employee is contracted to work for three months only to cover a busy period (e.g., summer holidays), their holiday entitlement will be 1.4 weeks. This is worked out by dividing 5.6 by 12 months then multiplying by three months (5.6/12 x 3 = 1.4wks). Finally, annual leave can be pro-rated for new starters and for leavers (e.g., someone who starts and/or leaves during an annual leave year), so that the entitlement is only based on full months worked under the contract. However, the Supreme Court judgement was clear that the amount of leave for part-year workers under a permanent contract must not be pro-rated to be proportional to that of a full-time worker. Therefore, zero-hours, variable hours, casual, agency and term-time staff should all get 5.6 weeks’ leave per year. What will the current Government consultation reveal?

Calculating leave entitlement and holiday pay

All employees are entitled to 5.6 weeks paid annual leave. As such, there should be no need to do any further calculations to work out accrual or entitlement (unless for part-time or fixed-term staff). The percentage method (where 12.07 per cent of the hours worked / pay received is used to determine holiday entitlement and pay) should not be used for any holiday calculations.

You must have measures in place to keep track of what entitlement has been used so far in the holiday year (in the same way you might do for full-year staff) and ensure everyone takes their full 5.6 weeks’ leave. Holiday pay should be paid at the normal rate of pay. Where weekly pay varies (for example, for workers on a zero-hours contract), you should calculate holiday pay based on an employee’s average weekly earnings over the previous 52 paid weeks. The reference period must only be weeks for which the worker was actually paid.

It must not include weeks where they were not paid as they did not work. It should also not include any weeks where “normal” pay was not received, for example, because they were on sick leave and they received sick pay.

You can go back for a maximum of two years (104 weeks) to obtain the relevant 52 weeks’ pay data.

In the event that the employer does not have 52 weeks data from the previous 104 weeks, then the reference period becomes the number of weeks’ worth of data available.

Example calculation – Average weekly pay

Add earnings from previous 52 working weeks / 52 = average weekly pay Pay for holiday period = average weekly pay x no. weeks’ holiday For example, if an employee’s average weekly pay is £100 and they want to take 2 weeks’ holiday: £100 x 2 = £200 holiday pay. This calculation should be re-done at the beginning of every holiday period.

Rolled up holiday pay

Government guidance states that holiday pay should be given at the time when annual leave is taken and that an employer cannot include an amount for holiday pay in the hourly rate. It also states that if a current contract still includes rolled-up pay, it has to be re-negotiated. In the past, employers could try to use rolled up holiday pay by being transparent with employees and ensuring they are given time off. But, employees could still raise a claim if they think they had been prevented from taking their annual leave.

However, since rolled up holiday pay typically uses the 12.07 per cent method to calculate accrual, the Supreme Court’s judgment that this should not be used adds extra risk. As such, it is best to reach alternative agreements with affected staff and ensure they are given 5.6 weeks’ annual leave with the pay for this leave given at the time the holiday is taken.

Holiday calculations – resolving errors and new approaches

Payment in lieu

Payment in lieu of statutory minimum entitlement (5.6 weeks) is not allowed unless employment is terminated. You must let employees take the full 5.6 weeks leave within the current holiday year and pay for leave at the time it is taken.

Backpay for previous years

If you have been calculating pay incorrectly (e.g., by using the 12.07 per cent method rather than taking a 52-week average), it is possible that you may owe employees compensation for underpayment of holiday pay. You can proactively take steps to provide the employee with backpay. Some employers may try to take the “wait and see approach” and let employees raise this, but this might not be possible for unionised environments since the union will likely be in contact to campaign on behalf of the employees they represent to get backdated pay. It is important to remember that not taking action could significantly increase the risk of unlawful deduction from wages claims being raised by employees.

When calculating what backpay is due, you will need to assess what was paid using the 12.07 per cent method and what should have been paid by taking a 52-week average; the compensation for underpayment of holiday pay will be the difference between these two figures. Where an employee or union request that backpay is given for previously underpaid holiday, it is likely you will have to do so, otherwise you are at significant risk of receiving an unlawful deduction from wages claim. Usually, an unlawful deductions claim must be paid within three months of the last deduction, or in this case, within three months of the last holiday pay payment.

But, given the scope of the situation, tribunals might allow employees to bring a claim within three months of the end of the holiday year in which holiday pay was calculated incorrectly.

The tribunals claims backlog is significant at present. Additionally, there are the risks of disrupting employee relations, thus reducing productivity, engagement and satisfaction, as well as action from trade unions.

Consequences of failing to give sufficient holiday

Not providing the full 5.6 weeks entitlement will be in breach of the law and is not recommended.

In this situation, there is a significant risk of tribunal claims, industrial action, employee grievances and resignations. There could also be wider implications for the organisation’s reputation with the general public.

Alternatives to part-year contracts

Term-time, variable-hours and zero-hours contracts, like any other type of contract, have their pros and cons. It is useful to consider why you are introducing a part-year contract in the first place. Is it because you only need someone to cover busy periods, like summer or Christmas, or term time? If so, a fixed-term contract or annualised contract may be a more effective alternative. If you want to continue having staff available year-round, and only call on them as and when needed, zero-hours and variable-hours agreements may be beneficial but consider all the terms involved. As such, it is worth understanding each of the different types of contracts and considering which is most appropriate for your workers.

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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Looking After Yourself and Others in the Warmer Weather

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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Right to Work Checks: New Guidance for Employers

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.

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Changes to Right to Work Checks

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.

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.

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Get up to date with latest staff payment changes

Embrace HR Aylesbury staff payment changes

As 1 April gets closer, make sure you are up to date with the changes in minimum wage rates and other statutory payments for the tax year 2022/2023…

It is not long until April, and of course for anyone involved in HR or employing people, knowing the annual change in rates for the National Living Wage and other statutory payments is vital. Below we outline what you need to know:

National Living Wage

From 1 April 2022, the National Living Wage (NLW) will increase from £8.91 per hour to £9.50. This is more than twice the 3.1% cost of living and means that anyone aged 23 or over should receive a pay rise of 6.6%.

For younger workers the rates are different but they will still see a pay rise. The National Minimum Wage (NMW) is set to increase from £8.36 an hour to £9.18 an hour for workers aged 21 and 22.

The rate rises from £6.56 to £6.83 for anyone aged 18 to 20, while under 18s will see their Minimum Wage increase from £4.62 to £4.81.

The apprentice rate rises from £4.30 to £4.81.

The above is demonstrated here in a tabular format from Gov.uk:

GOV.UK NLW and NMW rates 2022-23

National Insurance Contributions

From 6 April 2022, there will be a 1.25% increase in National Insurance Contributions. This applies to all working adults in the UK and is a rate that will also be matched by employers.

This increase will be used to help fund the NHS, health and social care.

Be aware that from April 2023, this 1.25% will need to be itemised separately on payslips under ‘Health and Social Care Levy’.

Statutory Pay for Parents 

From 3 April 2022, Statutory Maternity Pay (SMP) after the standard six weeks of 90% of pay is £156.66 or 90% of the employee’s average weekly earnings, whichever is lower. Note the same rate also applies to Statutory Paternity Pay and Statutory Adoption Pay.

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.

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Changes Ahead for Regulation in Complex Care

Following a major consultation this summer, the Care Quality Commission has launched a new strategy for regulating healthcare and the social care industry…

Healthcare Regulation by the CQC

A new strategy has been launched by the Care Quality Commission (CQC), which aims to have a positive effect on patient care and ‘regulating in a targeted way’.

The strategy has been pushed ahead by the pandemic, with digital systems being used more than ever, and is the result of extensive consultation with social care and health providers as well as the public, charities and other relevant organisations.

The new strategy has four main pillars:

  1. People and communities – the aim is for the regulation to be driven by people’s needs and experiences, concentrating on what is important to them as they use and access services
  2. Smarter regulation – the plan is to have a more dynamic and flexible approach to regulation, with up-to-date and high-quality information and ratings, and easier ways of working with CQC
  3. Safety through learning – safety will be an absolute key focus. The culture across health and care will ensure that people can speak up, and so share opportunities for learning and improvement opportunities
  4. Accelerating improvement – health and care services, along with local systems, will be encouraged to access support in order to help them improve quality of care where it’s needed most.

Local health and care systems will also be assessed differently and the CQC will alter how it addresses local challenges.

Central to the above four cores are two key ambitions:

  1. Assessing local systems – offering the public independent assurance about the quality of care within their area
  2. Tackling inequalities in health and care – pushing for equality of access, experiences, and outcomes from services.

The CQC also points out that in order to be effective and to help improve the quality of care, people’s feedback and experiences is going to be vital, and it seems that we will see more ways developed for the CQC to gather views from a broader range of people, including those working in health and social care, and improve how this information is recorded and used.

It will also mean that clients, their families and advocates will be able to easily offer feedback about their care and learn how this is used to inform regulation.

Another key part of the strategy is going to look at health and care services together, evaluating how they work with each other in partnership to provide a rounded service to the people who need them.

Any organisations offering complex care must be registered with the CQC – further details can be found at www.cqc.org.uk/guidance-providers/registration/what-registration.

Requirements for Case Managers or HR Managers

So, as Case Managers or HR Managers within the care arena, what will you need to consider?

  1. The CQC has said: “It’s time to prioritise safety: creating strong safety cultures, focusing on learning, improving expertise, listening and acting on people’s experiences, and taking clear and proactive action when safety doesn’t improve.’’ Looking at the culture within your own organisation, and ensuring that there are clear, safe and transparent ways for your workers to highlight any concerns, without fear of reprisal or disadvantage is going to be more important than ever
  2. Be aware that while on-site inspections will still be an important part of regulation, there will be a more flexible, targeted approach (rather than a set schedule of inspections). A range of methods, tools, and techniques will be used to assess the quality of your organisation’s services
  3. Know that any issues highlighted will be addressed quickly, so ensure that your teams and managers are aware that they will need to be flexible in order to make improvements
  4. Plan to work with managers to ensure the organisation is prepared for the new regulatory regime. In-depth assessments should be carried out sooner rather than later, in order to identify areas that need improvement
  5. Always consider the needs of your care workers. Karolina Gerlich, CEO at The Care Workers’ Charity, has expressed concern that the new CQC strategy doesn’t talk more about the workforce, their needs and wellbeing – especially following the pandemic. She stated that even before Covid-19, “care workers were burnt out and underappreciated, and now more than ever, their wellbeing must be prioritised’’. Something HR Managers can certainly focus on.

Some ways that we recommend to address point 5 of the above could be: regular 1-2-1’s and reviews – ensuring notes are kept of meetings concerning conduct or capability in order to target training and ongoing support. These actions will help address wellbeing or mental health concerns as it provides care staff an opportunity to discuss issues that may be affecting performance. And finally, use software to ensure personal information is up to date and kept secure.

What is the CQC?

The Care Quality Commission is the body that acts as an independent regulator for health and adult social care in England. Its job is to ensure the safe and effective delivery of health and social care services – focusing on compassion, high-quality care and constant improvement.

What is complex care?

Complex care involves specialist support for a client who has a long term or chronic health condition. The extra support enables them to manage everyday activities and their symptoms in order to achieve a high quality of life and as much independence as possible.

If you would like to discuss this subject further or need assistance to ensure you meet the new regulations, 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.