Communicating with your temporary agency workers

It’s a standard process that new permanent staff are fully inducted into a company, but what processes do you have in place for your temporary agency workforce?

Often it isn’t feasible to administer the same process as a permanent equivalent, if the contract is short-term an extended induction period would not be feasible.  In this case communication is a key factor, ensuring temporary agency workers not only have the right tools and qualifications to carry out the job, but that they are aware of all health and safety regulations and company policies.

A recent, well-publicised, case highlighted the need for clear communication of boundaries to staff. A security guard lost his job at a HMV store after chasing a shoplifter who had stolen £200-worth of DVDs. According to People Management:

“Charles Oloro was reportedly sacked because his employer said he had broken its health and safety policy by leaving the premises and confronting the thief, something the retailer’s guards are not allowed to do. In an interview with the Daily Mail, he justified his actions by saying that 20 DVDs was worth £200 to the shop and he had given chase because that was “too much to lose”.

A succinct and clear communication plan between the company, recruitment agency and temporary agency worker will ensure temps are able to fulfil their roles; but also mitigate the risk of legal exposure through tribunals or health and safety investigations.

Another key factor to consider is who is responsible for ensuring temporary agency staff have the correct training and qualifications to carry out their job safely and efficiently.

Compliance features in de Poel’s e-tips® system allows hiring agencies to search for candidates by criteria – such as which class driving license they hold – and also upload details of any relevant qualifications, giving employers piece of mind that their temporary agency workforce is compliant.

Are your agency drivers’ licenses legal?

A BBC investigation has found ‘disturbing’ practices in the issuing of UK driving licenses to foreign nationals.

The corporation said: “…foreign drivers who would not normally be allowed to drive in the UK have obtained licences via agents in London who illegally exploit an arrangement the UK has with Hong Kong.

An investigation by the DVLA and the Hong Kong Government is now underway.

So, what could this mean for your temporary agency drivers?

Unfortunately there is no sure fire way of knowing if your drivers are using an illegally obtained license – in fact the DVLA have admitted they will find it difficult to find out. But you can ensure that everything in your power is done to make sure you’re compliant.

de Poel’s electronic timesheet and invoicing system, e-tips® manages all of your temporary agency workers and aids in recruitment agency management. Compliance records can be stored on the system so you are assured that the drivers you’re hiring have the relevant documents and qualifications to do the job.

We also audit your preferred agency panel yearly, so you can be safe in the knowledge that your recruitment agencies are compliant.

Do your agency candidates have the right to work?

With recent figures confirming unemployment in the UK is at its highest in 17 years, and with further press highlighting the number of foreign nationals working in Britain; discussions have turned to checks on foreign nationals from outside the European Economic Area (EEA) and their right to work documentation.

According to Recruiter magazine: “Illegal working has damaging social and economic consequences for the UK. It undercuts businesses that operate within the law, undermines British workers and exploits migrant workers.”

It’s an employer’s responsibility to check that their workers have all the correct documentation to work in the UK. Those employers who do not adequately carry out these checks, and those found to be employing people illegally, can find themselves with strict fines, up to £10,000 per illegal worker.

The UK Border Agency (UKBA) is dedicated to simplifying the process of inspection of these documents. As of the end of February 2012, biometric residence permits (BRPs) will be issued to successful applicants from outside the EEA, to stay for longer than 6 months. This one permit will replace the array of right to work documentation previously required by each migrant worker.

In addition to this, in spring, an online checking system will be available for employers to verify that the details of the BRPs are correct and ultimately that the worker can legally work in the UK.

The advancement of The UK Border’s Agency procedures will make the checking of right to work documents simpler, easier and crucially more secure for businesses.

With such harsh penalties and the high risk potential for legal exposure it is imperative that temporary recruitment agencies not only check these documents, but also ensure they have appropriate system of recording and managing this information.

The UK’s number one procurer of temporary agency labour, de Poel, have already developed a unique function within their online e-tips® system, to enable temporary recruitment agencies to record, store and easily access the right to work documents for their workers.

Such temporary recruitment agency management will not only mitigate legal exposure to recruitment agencies but will also help to protect the wider UK economy.

With recent figures confirming unemployment in the UK is at its highest in 17 years, and with further press highlighting the number of foreign nationals working in Britain; discussions have turned to checks on foreign nationals from outside the European Economic Area (EEA) and their right to work documentation.

According to Recruiter magazine: “Illegal working has damaging social and economic consequences for the UK. It undercuts businesses that operate within the law, undermines British workers and exploits migrant workers.”

It’s an employer’s responsibility to check that their workers have all the correct documentation to work in the UK. Those employers who do not adequately carry out these checks, and those found to be employing people illegally, can find themselves with strict fines, up to £10,000 per illegal worker.

The UK Border Agency (UKBA) is dedicated to simplifying the process of inspection of these documents.  As of the end of February 2012, biometric residence permits (BRPs) will be issued to successful applicants from outside the EEA, to stay for longer than 6 months. This one permit will replace the array of right to work documentation previously required by each migrant worker.

In addition to this, in spring, an online checking system will be available for employers to verify that the details of the BRPs are correct and ultimately that the worker can legally work in the UK.

The advancement of The UK Border’s Agency procedures will make the checking of right to work documents simpler, easier and crucially more secure for businesses.

With such harsh penalties and the high risk potential for legal exposure it is imperative that temporary recruitment agencies not only check these documents, but also ensure they have appropriate system of recording and managing this information.

The UK’s number one procurer of temporary agency labour, de Poel, have already developed a unique function within their online e-tips® system, to enable temporary recruitment agencies to record, store and easily access the right to work documents for their workers.

Such temporary recruitment agency management will not only mitigate legal exposure to recruitment agencies but will also help to protect the wider UK economy.

Introducing standard terms and conditions

Due to a lack of regulation, many recruitment agencies operate under their own terms and conditions. Thus, hand in hand with the strategy of keeping on top of all relevant legislation, we recommend that organisations review the standard terms and conditions and amend them according to their specific industry and business requirements. Companies should always implement formal terms of business between themselves and their suppliers if they are to clarify employer responsibilities and ensure agencies live up to what’s required of them.

These new terms should outline a detailed list of expected standards of service, as well as the required amount of insurance cover for Employers’ Liability, Public Liability, Professional Indemnity, fidelity bonding, Product Liability, Drivers’ Negligence and Office Insurance.

In addition, they should set out terms in respect of: rate standardisation (stopping agencies from paying lower than the minimum wage), the policy and certification checks that all supplying agencies should have in place (such as equal opportunities and health and safety policies), the legal registration process (demanding that agencies observe and adhere to laws on making temporary workers provide proof of ID and qualifications, references, proof of the right to work in the UK and any relevant licences) as well as inductions (a structured induction process for temporary agency workers ensures they are adequately prepared to start work, adhering to rules on alcohol, drugs, smoking, security, working hours, breaks etc. all of which will limit the risk of accidents).

 

Formal terms of business or service level agreements, incidentally, can also reduce the indirect costs associated with poor supplier performance. Providing opportunities to outline Key Performance Indicators (KPIs) against which agencies can be measured, these kinds of agreements guarantee the supply of top-quality workers and as a result, allow resource to be maximised and costs to be kept down.

Mitigating Legal Exposure through Technology

As recruitment industry experts, de Poel ensures their clients and agencies are mitigated against the risk of exposure from recruitment legislation.

With the cutting edge software of e-tips®, maximum legal compliance is enforced. The following functions have been implemented through this system:

• Each candidate must have a legitimate NI or passport number assigned to them before they can be registered. This enables the ability to track their nationality status and AWR standing
• A traffic light system for the Agency Workers Regulations, highlighting if a candidate has breached the legislation
• In built driving licence checker
• Ability to report any candidate incidents reported or investigated within organisation’s network
• Compatibility with biometric hand scanners to ensure attendance is recorded correctly
• Account managers ensure legal compliance of agencies in terms of the correct insurances, reported incidents and that correct pay, NI and WTR rates are applied
• Agencies are audited to guarantee compliance

These functions verify that our clients and agencies are fully protected from legal exposure in their recruitment processes.

Simple steps to mitigate legal exposure…

Recruitment agencies and their staff must comply with all relevant legislation, statutory and non-statutory requirements and official guidance during the course of providing their services to organisations. Here are some simple steps to follow which should mitigate the risk of legal exposure by ensuring you work with legitimate recruitment agencies who comply with legislation.

One of the primary objectives for organisations should be to operate within a preferred agency panel (or preferred supplier list).  Implementing a system of control such as this enables organisations to establish an audit process in which they can check legal compliance prior to agencies supplying, as well being able to monitor agency service levels.  Initial and ongoing compliance checks include:

• Legislative audit
• Insurance cover
• Internal processing audit
• Induction process
• Specific client support

It is essential that the regulations governing the registration of temporary agency workers are observed, understood and adhered to. The mains one include:

• Proof of ID
• Proof of qualifications
• References
• Right to work in the UK
• Licences (if applicable)

This is particularly relevant for industries which employ a migrant temporary agency workforce and require recruitment agencies to follow the immigration points-based system to avoid both prosecutions and fines.

Obviously it is important for recruitment agencies to operate with up to date policy documents and certification requirements. The main ones include:

• An Equal Opportunities Policy
• A Health & Safety Policy
• A Data Protection Policy
• A Complaints Policy

Check the details of who the policies are communicated to, confirmation that staff are aware of their obligations and evidence to support this knowledge.