Casual Worker Compliance Project
A new operating model for the management of casual workers
The project will implement a new operating model for the management of casual workers that will include:
- Introduction of a dedicated Casual Worker Compliance Team.
- New processes for the setup and ongoing management of casual workers.
- Review of College policy for casual workers to ensure that all legal and regulatory requirements are detailed.
- New system, implemented at a later date, which will detail all casual work opportunities, support the onboarding of casual workers and enable online timesheet management, improving tier 4 worker compliance. Anticipated winter 2020/21.
Why do we need the Casual Worker Compliance project now?
Casual workers are an essential part of the College’s workforce, providing flexibility of scale and enabling the College to provide work opportunities to students while they study.
In the management of casual workers, College must comply with a number of employment and immigration regulations in order to avoid the risk of civil or criminal action. A recent audit identified a number of risks with the current operating model, which this project aims to mitigate. The Casual Worker Compliance project has been approved by PRIB in order to mitigate the risk of loss or downgrade of all of the sponsorship licences that allow the College to recruit overseas staff and students.
The implications of non-compliance for the College are significant, including;
- Civil penalty fine (up to £20,000 per instance of illegal working) plus:
- Downgrading of our sponsor licence - with restrictions on our ability to sponsor staff
- Compulsory improvement plan and increased UKVI monitoring in future
- Loss of our A-rated Premium Sponsor status and its benefits
- Revocation of our sponsor licence – meaning we would not be permitted to continue employing existing Tier 2 or Tier 5 sponsored staff and would be unable to sponsor new staff from outside the EEA
- Reputational damage
Benefits, Impacts and Aims
The impact of the new operating model will be:
- Significant risk reduction related to Immigration and Employment law compliance, both College and individual.
- Shift of a large part of the burden associated with the recruitment and management of casual workers from the hiring teams, Payroll & Pensions Team and HR Compliance Team to the dedicated Casual Worker Team.
- Where possible technology will be used to optimise and digitalise the processes.
- Manage casual worker compliance with a dedicated casual worker team
- Prevent individuals with visa restrictions from being offered/undertaking more hours than permitted
- Reduce effort required in hiring departments for administration and compliance checks
- Regular communication of rules that apply at key points during year
- Payroll/Pensions required to process payment only
- Centralised management of RTW expiries (supported by system solution)
The Casual Worker Compliance Operating Group will provide the operating level decision-making authority, within tolerances agreed with the Professional Services Transformation (PST) Board, to which the project will report.
Interim Operating Model
Status - Implemented Summer 2020
The Interim Operating Model will be in place until a new casual work system is purchased and implemented. Including:
* Introduction of a dedicated Casual Worker Team
* New processes for the setup and ongoing management of casual workers
* Review of College policy for casual workers to ensure that all legal and regulatory requirements are detailed
Enhanced Operating Model
Status - Investigating options
A tactical solution, which enhances the Interim Operating Model until we are ready to purchase and implement the long term solution.