Guidance for care providers on overseas recruitment

The increased demand for care services in the UK has lead to an increased need for care workers. There is also a shortage of workers in healthcare settings.

In 2022, the government added care workers to the shortage occupation list. This meant more international care workers were eligible for a Health and Care Worker visa. The increase in recruitment from overseas helped to ensure essential services. However, there are concerns about the ethical implications of this recruitment and the treatment of workers.

Regulatory bodies and law enforcement agencies in the UK are reportedly handling complaints and investigations of breach of sponsorship obligations, labour violations and modern slavery.

Unseen, the UK's modern slavery helpline, reported a 606% increase in care work-related modern slavery cases between 2022 and 2023.

Our care providers and their responsibilities

We would like to remind all our care providers of their responsibility to conduct overseas recruitment and management of workers 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 a job placement or to secure employment. This is illegal in the UK.
• violating labour and employment laws (for example, failing to pay workers or withholding earnings)
• falsely advertising job openings to sponsor overseas workers, when there aren't any available
• misleading overseas workers by promising them job opportunities that do not materialise.

It is vital that our care providers meet the duties set out in the sponsorship licence.

The government developed an International recruitment toolkit for adult social care providers. It provides guidance on how to recruit in an ethical and responsible manner. This includes:

• ensuring no recruitment from red list countries
• using ethical recruitment agencies
• guidance on repayment clauses in employment contracts

You should remain vigilant for signs of expliotation, particularly when engaging with agency or temp workers not directly employed by your organisation. You must take appropriate steps to report concerns.

Reporting concerns

Providers are encouraged to raise concerns or suspicions related to breach of sponsorship obligations, labour abuse and modern slavery.

For non-emergency concerns phone:

• the Modern Slavery Helpline – 08000 121 700 
• local police on 101 (ask for their Modern Slavery Team) 

For emergency, immediate danger, or threat to life situations phone 999

If you have concerns for an adult with care needs, phone 01273 295 555 and speak to our Adult Social Care team.

You can also go online and contact:

• UK Visas and Immigration - GOV.UK - if you have concerns regarding breach of sponsorship obligations
• Care Quality Commission - If you have concerns about a care home, home-care agency or other adult social care service
• Gangmasters & Labour Abuse Authority - if you have concerns about labour abuse or modern slavery

Other 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.
• 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
  • Workers and Temporary Workers: guidance for sponsors part 2: sponsor a worker – general information
  • Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance  
• See Register of licensed sponsors: workers - GOV.UK to check if an organisation has a sponsorship licence.