Compliance MattersJune 2017 A regular update on all matters HR compliance: minimum standards, changes to processes and new tools for making it simple Dear colleague Compliance: it’s not the most exciting of topics, but it’s an area we are really passionate about. We are here to help the University remain compliant and able to work as a trusted partner with our students, employees, government and other agencies. So what have we been doing so far? We have been reviewing our compliance obligations and wanted to let you all know about the excellent work being carried out across the University and how this might impact on you and your processes. Right to work validationWe initially concentrated on ensuring we have a central record of a right to work check for everyone working at the University. Thank you to all those who have supported us with this. Now we have these records in place, we are working on a series of communication routes to keep you up to date on the minimum standards and any changes to legislation. Already in place is a right to work checker to guide you through the process of checking the documents of a casual worker. In addition, HR colleagues now help deliver the ‘Paying Casual Workers’ course, providing staff with right to work training. In progress are new webpages hosting ‘how to' guides for managers, minimum standards for compliance, checklists and examples of what a compliant right to work check looks like. Casual workersWe recruit a high number of casual workers each year, each with the obligation to check their right to work, and have identified this area as being of potentially high risk to the University. To reduce this risk a Casual Workers Compliance Project is underway, looking at areas including right to work checks, managing the number of hours worked, claims, minimum wage regulations and worker documentation. The aim of the project is to find a long-term solution for the management of our casual workers. In the meantime we have been identifying changes to our existing processes that will produce a more robust approach to our casual workers. We are trying to avoid unnecessary changes wherever possible and ask for your support and understanding where changes do have to be made. We will keep you updated on the Casual Worker Compliance Project through this newsletter and other communication channels. Recruitment timescalesCasual workers on Tier 4 visas (usually held by non-EEA students) come with increased levels of obligation and monitoring for us. The right to work check is just the beginning: we then need to monitor visa expiry dates and the number of hours worked during term-time. We are in the process of introducing a booking system to capture all hours booked for our Tier 4 Workers so that we don’t breach their visa conditions. We have sent a number of communications recently about our Tier 4 Visa workers, explaining our obligations and the reasons for centralising the process. A big thank you to all who have contributed to the changes in process for your support and patience while we implement the changes. Visa sponsorship and recruitmentIn order to attract the best people to the University regardless of nationality, we need to ensure that our advertisements are placed in specific media, include certain details and are placed for the right duration. If our adverts don’t meet these criteria we are unable to offer Tier 2 sponsorship to candidates should they need it. A recent review has highlighted areas for improvement in our advertising, so we are embarking on a project to update our advert templates, review our recruitment training and add ‘how to’ guides to our recruitment pages. Visa sponsorship and monitoring obligationsOnce we have sponsored a worker on a Tier 2 or 5 visa and they are working with us in the UK, we attract new obligations to monitor the worker for the duration of the visa. We have to capture, record and, where necessary, report on the absences, changes in duties, salary or dates of employment. We also need to keep up-to-date contact details for each worker. We have been looking at how this can be achieved with as little impact for departments as possible. We will send out more information soon outlining the process and forms required. Thank you all for your ongoing support of our compliance work, if you would like more information on any of these areas or would like to get involved, please do not hesitate to contact us at hr-compliance@york.ac.uk or on extension 4892. Human Resources |