Guidance for care providers on overseas recruitment
As the demand for care services in the UK continues to rise, the need for care workers has increased. This has been made worse by a shortage of labour in healthcare settings. Care workers were added to the shortage occupation list in 2022. This meant that certain international care workers became eligible for the Health and Care Worker visa.
Since then, there has been an increase in the recruitment of overseas workers for the care sector. This has helped to fill some vacancies and ensure essential services have been maintained. Concerns have been raised about the ethical implications of this recruitment practice and the treatment of workers both nationally and locally.
Regulatory bodies and law enforcement agencies in the UK are reportedly handling complaints and investigations of breach of sponsorship obligations, employment violations and modern slavery.
The UK's modern slavery helpline reported a 606% increase in care work-related modern slavery cases between 2022 and 2023.
We would like to remind all care providers that overseas recruitment and management of workers must be conducted ethically and responsibly. There must be due regard for workers’ rights and wellbeing.
Common issues highlighted in the sector linked to overseas worker recruitment include:
- Sponsors demanding payment from workers for job placement or securing employment. This is illegal in the UK.
- Breaking employment laws, for example, failing to pay workers or withholding their earnings).
- Falsely advertising jobs to sponsor overseas workers, when there are no genuine vacancies available.
- Misleading overseas workers by promising them job opportunities that do not exist.
It is vital that care providers meet the duties set out in the sponsorship licence.
There is also an International recruitment toolkit for adult social care providers which has been developed to help adult social care providers decide whether to recruit care workers and senior care workers from overseas.it provides on how to do so in an ethical and responsible manner. This includes:
- ensuring no recruitment from red list countries,
- using ethical recruitment agencies and
- guidance on repayment clauses in employment contracts.
- guidance on repayment clauses in employment contracts.
Providers must remain vigilant for signs of exploitation and take appropriate steps to report concerns. This is particularly important when engaging agency or temporary workers who are not directly employed by your organisation.
Reporting concerns
Providers are encouraged to raise concerns or suspicions related to breach of sponsorship obligations, employment abuse and modern slavery.
Non-emergency concerns: call the Modern Slavery Helpline – 0800 0121 700 or local police on 101 (ask for their Modern Slavery Team)
Emergency, immediate danger, or threat to life situation: call 999
Concerns for an adult with care needs - Adult Social Care: 0345 60 80 191
Online contacts
UK Visas and Immigration (UKVI) - GOV.UK (www.gov.uk): for concerns regarding breach of sponsorship obligations
Care Quality Commission (cqc.org.uk): If you have concerns about a care home, home-care agency or other adult social care service
Gangmasters & Labour Abuse Authority (GLAA): if you have concerns about labour abuse or modern slavery.
Useful resources, guidance and legislation
Spot the signs - GLAA – Signs that may indicate that someone is being subjected to forced labour
Who cares? – A review of reports of exploitation in the care sector.
Code of practice for the international recruitment of health and social care personnel in England - Sets out the principles and best practice benchmarks health and social care employers and recruitment agencies must follow to ensure effective, ethical international recruitment.
International recruitment toolkit for adult social care providers - The international recruitment toolkit has been developed to help adult social care providers decide whether to recruit care workers and senior care workers from overseas, with guidance on how to do so in an ethical and responsible manner.
Workers and Temporary Workers: Guidance for Sponsors – Provides information on how to sponsor an overseas worker on the Worker and Temporary Worker Immigration routes. This details the duties of a sponsor and what UKVI will do to check procedures and when they may revoke a licence.
- Workers and Temporary Workers - guidance for sponsors part 1: apply for a licence (accessible) - GOV.UK (www.gov.uk)
- Workers and Temporary Workers: guidance for sponsors part 2: sponsor a worker – general information (accessible) - GOV.UK (www.gov.uk)
- Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)
See Register of licensed sponsors: workers - GOV.UK (www.gov.uk)to check if an organisation has a sponsorship licence.