Code of Practice

The Code of practice for the recruitment of health and social care personnel in England provides guidelines for ethical recruitment in our country.

The code combines three elements:
  1. The code of practice
  2. Red and Amber list countries (and what this means)
  3. The ethical recruiters list
The code states that overseas health and social care staff must be:
  • Recruited and employed in a fair and transparent manner, with respect for their rights and values
  • Protected from exploitation, abuse and coercion. This includes the prohibition of charging overseas staff excessive fees or requiring them to work in debt bondage
  • Treated no differently to domestically trained staff, including support for professional development

Red and Amber list countries

Countries listed on the WHO Health Workforce Support and Safeguards List are graded as red list, which means no active recruitment is permitted from these countries. It is important to note that individuals residing in red list countries can apply directly for work in the UK, but employers and/or recruitment agencies cannot approach and recruit individuals from these countries.

You can also find an updated list of red and amber listed countries on the Code of Practice – Annex A.

Snapshot of the world from space

Modern Slavery and Exploitation

The care sector has been identified as a high-risk area for labour exploitation, including modern slavery.

The Gangmasters and Labour Abuse Authority (GLAA) highlights this as a real risk. Current labour shortages have created further opportunity for workers to be exploited.

The Modern Slavery Helpline reported a 606% increase in the number of modern slavery care sector cases between 2021 and 2022. As well as poor working and housing conditions, debt bondage is a substantial and increasing issue, as is receiving no work upon arrival in the UK despite a previous job offer, leaving people at risk of wider exploitation. During 2023, there has been a national increase in reports of concern regarding potential modern slavery, human trafficking, labour abuse and organised immigration crime in the care sector.

What can we do?

It is our duty to ensure we are collectively taking proactive steps to raise awareness, understand, identify and act on this growing risk in our area, together.

Programme Challenger is Greater Manchester’s partnership response to serious and organised crime within our area. Together we have created the Greater Manchester Care Sector Guide that allows us to:

  1. Be aware of and identify potential signs of criminality and concern
  2. Know where to gather additional information from, if necessary
  3. Obtain advice and guidance or where necessary report, and;
  4. Consider changes to local arrangements to safeguard against and respond to activity

The guide can be found on the ‘Resources’ page for download.

Further Links

Please see ‘Modern Slavery is closer than you think‘, a guide to understanding modern slavery and human trafficking by the Home Office, and Skills for Care’s Modern Slavery guides to understanding the risks and what action we can take to protect people in the Care sector.

Recruitment agencies

Recruiting workers from overseas can be complex. For organisations that don’t employ an internal recruitment team, it is common practice to outsource this function to an external, specialist recruitment agency.

Using an agency on the ethical recruiters list who specialise in international recruitment results in a number of benefits, including:

  • Candidate support and screening: Agencies have experiences in selecting the right candidates from green list countries, and depending on the agency can assist with visa and CoS applications as well as settling in once they arrive in the country
  • Compliance: Most agencies will ensure compliance with legal requirements and documentation
  • Speed: Agencies can help speed up the process of hiring internationally, due to their existing relationships and presence in green-listed countries. Using their knowledge and experience allows interviews and references to be completed in a timely manner
Key considerations

If you decide to use a recruitment agency, here are some areas you may need to consider before making a decision that this is the right path for your organisation:

  1. Check agency fees and rebate periods: Most agencies charge either a fee for each person successfully recruited or a percentage of the individual’s starting salary. Fees vary between agencies but on average tend to be between 10%-15% of the individual starting salary.
  2. Check the agency you have engaged with is on the ethical recruiters list: This list is managed by NHS employers and shows which agencies currently comply with the International Recruitment Code of Practice. We also recommend checking the agency is a member of the REC (Recruitment and Employment Confederation).
  3. Shop around: Ask neighbouring care providers if they have experience with a particular agency and check Companies House. This will give you an idea as to how long the company has been operating and if they are reputable.

 

Back to top