Immigration Laws Decoded: Impact On Health And Social Care
Health and social care is the underappreciated backbone of our society, providing essential services to vulnerable people and their families across the UK.
The industry is also heavily reliant on a diverse and reliable workforce, with recent reports finding approximately one in five NHS staff in England are non-UK nationals, and care homes across the country saying they would not be able to cope without the help of non UK national employees.
With immigration laws constantly changing and updating, care homes can be significantly impacted in their ability to recruit and retain staff.
Keeping up to date on the changing rules can be confusing, but with guidance, care home managers and staff can keep up to date and within the law.
The role of employment law
The interplay of immigration law and employment law is a nuanced one. While immigration law dictates an individual’s right to work within a country, employment law governs the relationship between employers and employees. It’s crucial to understand the interplay between these two legal frameworks.
Employment contracts, for instance, must adhere to both immigration and employment law stipulations and employers must ensure compliance with minimum wage, working time regulations, and other employment standards, particularly when hiring foreign workers.
It’s important to also consider that termination of employment, whether through dismissal or redundancy, may have deeper implications for employees with different immigration statuses. Understanding these complexities is essential for care providers to maintain compliance and avoid potential legal issues.
The changing immigration landscape
Immigration law reforms that came into place in April 2024 have introduced changes that have a significant impact on the health and social care sector.
These changes include:
• The Skilled Worker Route:
While primarily aimed at high-skilled occupations, this route has implications for care providers seeking to recruit qualified healthcare professionals.
• The Health and Care Worker Visa:
This visa category was introduced to address the acute shortage of workers in the sector. It’s essential to grasp the eligibility criteria, salary thresholds, and the role of the Code of Practice to ensure compliance.
• Sponsor Licence System:
Amendments to the sponsor licence system, such as increased compliance duties and penalties, can impact care providers’ ability to employ foreign workers.
Navigating the intricacies of immigration law is a major challenge for care providers, with constant updates to a wide variety of rules and regulations. To mitigate risks and ensure compliance, organisations must implement clear and defined strategies that are communicated to staff, but also be sure they understand the various routes and laws in place. Conducting regular workforce audits, implementing thorough right-to-work checks, and developing comprehensive immigration policies are essential steps.
Seeking expert legal advice from immigration solicitors specialising in the health and social care sector can provide invaluable guidance, helping organisations stay informed about the latest regulations and avoid costly penalties.
Adapting to the new normal
All businesses need to understand the intricacies of immigration law, from visa requirements to right-to-work checks and sponsorship obligations. This is even more pertinent in sectors like health and social care, in which a high percentage of staff may be affected by these rules and where the work they do has such a significant impact on the public.
By staying informed about regulatory changes and seeking expert guidance, care providers can mitigate risks and maintain service delivery.
Collaborating with industry bodies to influence policy and advocate for the sector’s needs is also vital. By working together, care providers can contribute to shaping a more supportive immigration environment for the healthcare sector.
The healthcare sector is increasingly reliant on a diverse workforce. However, constant changes to immigration regulations present significant challenges for care providers. Care home managers need to take a proactive approach to hiring and maintain a thorough process with staff to guarantee they are following the law.
Ultimately, a successful immigration strategy involves a delicate balance of attracting talent, ensuring compliance, and building a resilient workforce.
