As a UK businesses hiring employed, or engaging self employed, workers it is your legal obligation to ensure all these individuals are legally allowed to operate in the UK. Failure to maintain a 100% compliant workforce could result in heavy penalties from the Home Office.

The best way to maintain due diligence and avoid non-compliance is to follow ‘Good HR Practices’. This process is best implemented by using a single system that weaves together multiple compliance criteria which will allow your business to quickly identify breach of compliance and gives your business the ability to instantly prove due diligence should Home Office conduct an audit.

Your business could be liable for civil penalties if found non-compliant by any one of the following UK regulatory bodies:

1.Home Office (UK Visas & Immigration)

If your business employs any migrant workers, including Croatian nationals, you must carry out an immigration check pre-engagement and do regular audits to prevent illegal employment. Failure to comply could lead to civil penalty up to £20,000 being issued to your business and being named and shamed on the Home Office website.

2.HM Revenue & Customs (HMRC)

If your business hires self-employed workers directly or subcontracts them out, you must first carry out an IR35 check to verify if these workers are legally permitted to be in the UK and have the right to work (including Croatian nationals). Checks must be done pre-engagement and ensure they are registered with HMRC for NINo, UTR, have adequate business insurance and are skilled to do the job without supervision, direction and control. It is also essential self-employed subcontracting contracts reflect the client's contracts or HMRC will investigate this as a possible breach of IR35 and being in disguise as self-employed.

3. Care Quality Commission (CQC)

If your business is regulated by CQC, you must adhere to their guidelines to operate legally. CQC carries out a number of compliance inspections and no business wants a low grade or to be suspended. ComTracker focuses on your workers to prevent illegal employment, right to work checks and tracking of workers essential compliance data that includes recording and tracking of DBS, NMC, mandatory training and health & safety.

4. Security Industry Authority (SIA)

If your business employs any workers that need permission from the SIA to work in the UK, your business must have Approval Conditions in place or SIA could remove your licence under the Approved Contractor Scheme and take legal action against your business. ComTracker will track your workers compliance data and help avoid SIA removal.

5. Nursing and Midwifery Council (NMC)

If any staff are regulated by NMC, these medical professionals must adhere to very strict guidelines to provide care services. ComTracker allows the employer to log and track key data about each individual so essential data is tracked including renewal of NMC licence and accreditations. Home Office has put in place very strict rules who can work under NMC if the individuals are from outside of the EU/EEA including Croatian nationals.

6. General Medical Council Licence (GMC)

All GMC regulated UK organisations must adhere to very strict operational guidelines when employing or taking on the services of healthcare professionals in the medical profession especially if these individuals are from outside of the EU/EEA (including Croatian nationals). ComTracker allows the employer to log and track key data about each individual so essential data is tracked including renewal of GMC licence and accreditations.

7. Civil Aviation Authority (CAA)

If your business is regulated by CAA, certain workers that you employ or contracted will need licences to operate if they fall under Commercial Pilots, Private Pilots, Air Traffic Personnel or Engineers. You must adhere to their guidelines to operate legally as they must follow European Aviation Safety Agency (EASA) guidelines. ComTracker allows you to track these workers key data so if an audit on your work force is carried, you would be able to demonstrate compliance which will help you retain your CAA licence.

How does ComTracker’s software help you business maintain compliance?

ComTracker’s unique Right to Live & Work Tracking software integrates directly into our HR operational offering allowing your business to track the UK compliance of any individual on all of the above regulatory bodies you intended engage at the very start of your interaction.

ComTracker's software can be used to track immigration & regulatory compliance statuses, tax information, industry licenses and key accreditations to provide your business with an overarching compliance portal.

By maintaining UK compliance from the outset, your business significantly reduces the risk of non-compliance and associated penalties.

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