12 September 2012 Recruitment International BDO Robert Drake, Safe Screening Agenda Brief introduction to Safe Computing/Safe Screening Screening and compliance legal issues Pre-employment screening and compliance Safe Outsourcing Questions and answers Safe Computing • long established and successful software and outsourcing provider based in the UK • wide variety of markets sectors with some vertical specialism, especially within the staffing and labour markets • Safe Tempest – end to end recruitment solution • Safe Financials – fully integrated accounting suite • Safe Credit Control – proactive credit and query management solution • Safe EMS – modular payroll, HR, self service and time and attendance • Safe Outsourcing • 7 offices throughout the UK, with strong financial status Safe Screening • Safe Computing acquired Safe Screening in November 2011 to compliment it’s product offering • Safe Screening can be used as standalone product or integrated into your ATS, e-recruitment or onboarding processes. • in the cloud, based in the Amazon Web Services platform AWS. • stability • scalability Prevention of illegal working and establishing the right to work in the UK • employer’s obligation to prevent illegal working • civil and criminal sanctions under the 2006 Act • the statutory excuse Legal framework • Asylum and Nationality Act 1996 (for those employed between 27 January 1997 and 28 February 2008) • Immigration, Asylum and Nationality Act 2006 (for those employed from 29 February 2008 onwards) • few prosecutions for the criminal offence under 1996 Act • 2006 Act retained criminal offence and introduced new civil penalty Civil and Criminal Sanctions under 2006 Act • employer may be liable for a civil penalty or commit a criminal offence • civil penalty imposed if employer negligently employs someone without the right to undertake the work for which they are employed (section 15) • criminal offence if an employer knowingly employs an individual who does not have the right to undertake the work for which they are employed (section 21) • only applies to employment contracts or apprenticeships - does not apply to self employed consultants The statutory excuse • an employer is excused from paying a civil penalty if it can show that it complied with any prescribed requirement in relation to the employment of an individual. • in practice employers can establish the statutory excuse if they undertake a series of specified steps. • checks must be carried out before the employment begins. • conducting the checks on the day they start work will not satisfy the 2006 Act Employer’s legal obligations Employer… • must check validity of original documents • must identify false documents • must make and retain copies of original documents • should (and sometimes must) conduct regular checks Straw pole Who currently undertakes pre-employment screening? Any agencies providing as a service? Who does it manually? Any automated systems? Who uses external data sources? Who outsources? When do we screen? Establish right to work and employee ID CV Short List Take up references Interview Selection offer Match employee with ID documents Start work Screening Automated Manual Compliance • • • • • • pre-screening candidate driven compliance contracts and compliance real-time data validation automated and manual workflows Outsourced Why screen? • ensures the integrity of the candidate • protects the reputation of the hiring firm • guarantees compliance with corporate governance guidelines • ensures compliance with industry regulations • protects from negligent hiring lawsuits • saves /generates your firm money Industry defined screening standards: SC Security Check NSI National Security Inspectorate GTC General Teaching Council 5th generation screening Convergence... Data, technology and process Preemployment Screening • Using similar data sources • Quest for compliance automation • Early qualification • Cost effective Compliance Online Data Check data sources Name Date of Birth Telephone No. Address Business Universe Gender Credit Cards IP Address Mortality Fraud Alert Sanctions Employers @safecomputinguk DVLA Criminal background Passport checks Document validation • there are 237 countries worldwide • each country has various different ID document types • document validation is the method by which images are analysed to determine weather they are valid and authentic • documents can be invalid for a number of reasons: • expired Documents • fake • altered What types of document? Passports ID cards Drivers licences Residents permits Compliance External audits Outsourced service Questions and answers