Recruitment Selection Training Eligibility to Work ETW Every

Recruitment & Selection Training: Eligibility to Work (ETW)

Every R&S action should: Maximise your ability to attract and recruit the best talent Minimise the risk of a poor appointment or unfair discrimination

‘Immigration into the UK has been good for us but uncontrolled immigration is not’ Teresa May MP, June 2010 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

By the end of this session you should be able to: • Understand the legal obligations of the University • Feel confident in carrying out a successful eligibility to work (ETW) check, and challenge where appropriate • Be aware of relevant legislation and avoid discrimination when fulfilling the University’s legal obligation • Understand your responsibilities in ensuring that all employees have ETW checks in place before they start employment 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Remember: From 1 November 2010 recruiting departments have responsibility for carrying out eligibility to work checks for new starters. 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Why do eligibility to work checks? 1) Prospective Employees • We all have a legal obligation to check the eligibility to work for all employees before he/she starts work • This check enables the University to have a statutory “excuse" against a civil penalty 2) Current employees with time-limited visas • We must repeat the check annually to retain our “excuse” 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Why this is relevant to you and your role? • We all have a responsibility to ensure that the University complies with all aspects of relevant legislation • The University could receive a civil penalty if found to be in breach of this legislation • Allows the University to retain our sponsor licence which allows us to sponsor non-EEA nationals. • Avoidance of damage to the University’s reputation, through publication on UK Border Agency (UKBA) website and in local and national press 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Key Legislation • Immigration, Asylum and Nationality Act 2006 (sections 15 -25) set out the law on the prevention of illegal working • These provisions came into force on 29 February 2008 • Without an ‘excuse’ the University may be liable to pay a civil penalty of up to £ 10, 000 per illegal worker • Possible deportation of the illegal worker 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Five steps to completing eligibility to work checks 1. Invite candidates to interview/selection test 2. Check documents of all interviewees 3. Copy the interviewees’ documents 4. Attach the copied documents to the Request to Appoint (RTA) through e-Recruitment 5. Destroy paperwork copied for unsuccessful candidates 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Five steps to completing eligibility to work checks 1. Invite candidates to interview/selection tests. • Using the template in e-Recruitment to write to candidates to invite them to interview • Confirm the documents applicants will bring with them to interview • Ensure you have the relevant checklist ready 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Five steps to completing eligibility to work checks 2. Check documents of all interviewees • We must check the eligibility of all interview candidates irrespective of nationality or ethnic background • There are two checklists available: 1. 2. List A for EEA workers List B for Non EEA Nationals Always download the latest version of the checklist from the HR website as these will be updated regularly 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Document Combinations • Not all prospective employees will have a passport as proof of eligibility to work • If this is the case use the checklists for alternative document combinations (e. g. full birth certificate & NI number) • If presented with an expired passport check with your HR Team 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Workers from new EEA countries • Workers from Poland, Latvia, Lithuania, Estonia, Czech Republic, Hungary, Slovakia, Slovenia are required to register on the Workers registration scheme (WRS) • Workers from Bulgaria and Romania are required to apply for an Accession State Worker Card. There are three different types, applicants wishing to work in the UK must present a card which allows them to do the work in question before they are able to start work. 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Non EEA Nationals • Non-EEA citizens require a visa to live and work in the UK. Below are some examples. This is an example of a residence permit This Is an example of an identity card for a foreign national, these are credit card size and are separate to the individuals passport 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Non EEA Nationals • Different visas carry different rights to work. Under the current Points Based System (PBS) visas are grouped into numbered tiers • Some of the more common visas and their working conditions are listed below: • Tier 1 (General) This visa gives full working rights allowing the holder to work for any UK employer • Tier 1 (Post Study Work) This visa gives full working rights allowing the holder to work for any UK employer 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Non EEA Nationals • Tier 2 (General) Holder can work for a specific employer in a specific job • Tier 3 This Tier is for lower skilled non EEA migrants (currently suspended) • Tier 5 (Government Authorised Exchange) This Tier is used to share knowledge, experience and best practice. Used by Universities to bring sponsored researchers to the UK 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Employing Students • Under the Points Based System student visas come under Tier 4 • Students can work up to twenty hours per week during term time • Outside term time students can work full time hours

Non EEA nationals • As well as visas under the points based system there are some visas which are not covered by these rules • Dependants visa These are issued to family members of non EEA nationals • Indefinite Leave to Remain After a qualifying period non EEA nationals may become eligible to stay in the UK indefinitely These are a few of the more common types of visa, if you are unsure on the working rights of the individual check with HR 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Five steps to completing eligibility to work checks 3. Copy the interviewees’ documents • There are several different parts of a passport that you must copy: 1. 2. 3. 4. • Front cover, remembering to remove the passport from a protective holder if necessary Personal details page For non EEA Nationals their current visa and any relevant UK visas previously issued Expiry date page Where applicants don’t supply passports ensure that you copy documents such as national insurance numbers and full birth certificates The checklists provide further details of the documents to copy and the combinations of documents applicants can use 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Five steps to completing eligibility to work checks 4. Attach the copied documents to the RTA through e. Recruitment • Once the successful applicant has been selected and they have accepted your offer of appointment attach the copied documents to the RTA in e-Recruitment 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Five steps to completing eligibility to work checks 5. Destroy the unsuccessful applicants copied documents • Once the successful applicant has accepted the offer of appointment you will need to destroy the other candidates copied documents securely. Treat this as highly confidential material when both storing and disposing of it. • This ensures that personal information is not held by the University longer than necessary. 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Completing eligibility to work checks • If you are interviewing a candidate who is based overseas via telephone/video link, arrangements must be made before their first day of employment to perform a check • If the correct documents are not forwarded to HR it will be impossible to issue a contract and the individual will not be included on the payroll 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Atypical Workers • Eligibility to work checks are also required for Atypical workers • Before signing the workers registration form you must first carry out a satisfactory ETW check • Documents must be checked, photocopied and retained 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Our Responsibilities • The University must conduct annual checks for employees who are on timelimited visas • Under the terms of our sponsors licence we are required to report start date changes, unauthorised absences, contract changes and leavers 15/09/2020 © The University of Sheffield / Department of Marketing and Communications

Further Information • HR Faculty contacts www. sheffield. ac. uk/hr/aboutus/whoweare/deptl. html • HR Eligibility to Work web pages www. shef. ac. uk/hr/recruitment/eligibility. html • UKBA Prevention of Illegal Working web pages www. ukba. homeoffice. gov. uk/sitecontent/documents/emplo yersandsponsors/preventingillegalworking/ 15/09/2020 © The University of Sheffield / Department of Marketing and Communications