Employment of Ukrainians who have recently moved to the UK Guidance for pre-employment checks

Published
25.05.2022

Many communities have recently welcomed families from Ukraine. A number of schools are also delighted to have received applications for a range of employment roles and are mindful that some of the checks required pose a unique set of challenges due to the current circumstances caused by the recent Russian invasion.

 

While clearly wishing to support those seeking employment, we must also demonstrate that, as with any adult, all reasonable and required checks have confirmed suitability to work with children.

 

Schools will need to be pragmatic in their approach because some pre-employment checks will be a challenge. Many routine Government functions in Ukraine have been suspended, so employers are not going to be able to obtain an overseas Police check or Certificate of Good Conduct.  There may also be problems with obtaining employment references, but they should try their best and consider professional references and even character references if necessary (on the basis that something is better than nothing).

 

In the absence of an overseas Police check, schools must make sure they ask for a self-disclosure, to demonstrate that they sought this information and risk assess any shared information accordingly. The current version of KCSIE states it has to be considered in line with pre-employment checks.

 

Right to Work (RTW) and DBS check should not be a problem as schools can use an individual’s Visa document from the home office and letter from HMRC (Tax letter), Department of Work and Pensions (DWP), NI number or benefits letter, or their GP or NHS (Registration with GP or Dentist).  They may also have collected their Biometric Residence Permit (BRP).

 

If the applicant produces a BRP - Schools must use the ‘Prove & Share’ check:

 

If a school cannot confirm RTW using the Prove and Share above or showing documents, they should follow the instructions and link to obtain a Positive Verification Notice. This will provide them with a statutory defence, in the event that an application is refused and there is no RTW.

 

 

If the job applicant cannot show their documents or use the Prove & Share check:

Schools must ask the Home Office to check an employee’s or potential employee’s immigration status if they cannot show their documents or online immigration status.

This could be, for example, because they:

  • have an outstanding appeal, review or application with the Home Office;
  • arrived in the UK before 1989 and do not have documents to prove their immigration status or right to work.

 

You must also ask the Home Office to check their status if they have:

  • a digital or non-digital Certificate of Application that says you need to ask the Home Office to check their right to work;
  • an Application Registration Card.

 

Application Registration Cards must state that the work the employer is offering is permitted.

 

The Home Office will send you a ‘Positive Verification Notice’ to confirm that the applicant has the right to work. You must keep this document and if the employee is unable to produce a BRP within 6 months the check should be repeated. When the applicant produces a BRP, follow the instructions above to use the Prove & Share check.

 

Gloucestershire Safeguarding in Education Team

gsep@gloucestershire.gov.uk

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