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12 September 2012 Recruitment International BDO. Robert Drake, Safe Screening . Agenda. Brief i ntroduction to Safe Computing/Safe Screening Screening and compliance l egal i ssues Pre-employment s creening and c ompliance Safe Outsourcing Questions and answers .
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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 • 7offices 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 on-boarding 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? CV Establish right to work and employee ID Short List Take up references Interview Selection offer Start work Match employee with ID documents
Screening Automated Outsourced Manual Compliance • pre-screening • candidate driven • compliance • contracts and compliance • real-time data validation • automated and manual workflows
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: Corporate Manslaughter Act 2007 AIRSIDE DfT ID PASS BS7499 DV Developed Vetting 78222 NHSE Employment Check Standards NATO Confidential NATO Restricted SC Security Check GTC General Teaching Council SIA Security Industry Authority BS7858 NSI National Security Inspectorate EBS Enhanced Basic Standard BPSS Baseline Personnel Security Standard NATO SECRET FSA Financial Services Authority UK Border Agency Right to Work Cosmic Top Secret
5thgeneration screening Convergence... Data, technology and process • Using similar data sources • Quest for compliance automation • Early qualification • Cost effective
Check data sources Telephone No. Address Date of Birth Name Credit Cards Gender Business Universe Employers Mortality Fraud Alert IP Address Sanctions @safecomputinguk
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? Drivers licences Passports ID cards Residents permits