Health and social care personnel - international recruitment: updated code of practice
Revision of the code of practice for the international recruitment of health and social care personnel in Scotland to ensure ethical recruitment.
Illustrative Scenarios
The scenario examples below set out examples of how the guidance in the code and its definitions can be applied in practice. The examples are not an exhaustive list, but illustrate the types of conduct that are:
- In breach of the code (scenarios 1 to 8)
- Permitted under the code (scenarios 9 to 12)
NHS Employers also provide guidance with examples on how employers can publicise international recruitment activities while keeping in line with the Code of Practice.
Recruitment activity which is in breach of the code of practice:
Scenario 1 – advertising in a red list country
An agency advertises within Tongo – a red list country - and actively supports several candidates residing in that country with their applications, appointments and travel to Scotland. This is active recruitment and contravenes the guiding principles within the code of practice.
Scenario 2 – active recruitment not leading to substantive employment
An agency runs a virtual recruitment fair in Niger highlighting opportunities in Scotland. Niger is a red list country and should not be actively targeted for recruitment.
The agency does not actually hire anyone. This would still be deemed active recruitment and contravenes the guiding principles within the code of practice.
Scenario 3 – recruitment organisation and red list applicants
A social care provider is recruiting on behalf of several other social care providers. The vacancies are at a number of care homes. The social care provider receives 30 applications for one of the roles at a care home in Scotland and appoints a candidate resident in Bangladesh – a red list country.
This is active recruitment and in breach of the code of practice as the social care provider is acting in the capacity of a recruitment organisation having recruited on behalf of another provider.
Scenario 4 – agencies and candidates residing in red list countries
An agency is approached by a resident in Pakistan - a red list country - seeking work in the Scotland as a doctor. The agency supports their recruitment into a medical role at an independent healthcare provider. This is active recruitment and contravenes the guiding principles within the code of practice.
In this situation the agency should sign post the candidate to a relevant jobs board such as NHS Scotland Jobs or similar so they can seek out direct application opportunities independently.
Scenario 5 – repayment clauses
A nurse residing in India is successful in obtaining a nursing job in a Scottish hospital. On receiving the formal contract, she queries the repayment clause included for £14,000 if she leaves the job within 5 years. No information has been provided on how the sum of £14,000 has been calculated or if it reduces over time.
She asks the employer for a breakdown of what it includes. The employer gives a verbal breakdown over the phone of the costs including agency fee, sponsor application fee and relocation costs. The employer says if she does not sign the contract today, the job will be offered to someone else.
The employer is in breach of the code as they have not been transparent about the costs included in the clause. This should be provided in writing, with an itemised breakdown, and should only include proportionate costs incurred by the employer on behalf of the recruit, not costs the employer is liable to pay as part of the recruitment process.
The repayment clause should also taper down with time - for example over a 3-year period - to take account of the level of service provided by the nurse during her employment.
An employment contract must also not be signed under duress or because of undue influence or coercion.
Scenario 6 - advertising to candidates who have been previously short listed for another vacancy
An NHS health board advertises a vacancy and receives 610 direct applications. It appoints one successful candidate and keeps a shortlist of those who applied and met the criteria. All applicants are resident in countries on the red list. When advertising another role, the recruiting manager contacts those on the short list and invites them to apply. This is active recruitment and contravenes the guiding principles with the code of practice.
Scenario 7 -– friends and family referrals from red list countries
A recruiting manager sends an email out to all staff and asks them to share details of a vacancy with friends and family, irrespective of whether those friends and family are situated in a red list country. This results in candidates in red listed countries being made aware of the job and applying. This is active recruitment and contravenes the guiding principles within the code of practice.
Scenario 8 – contracts with third party providers (sub-contractors)
An NHS health board contracts with an external provider to perform physiotherapy services within the board. The external provider has advertised vacancies in Zimbabwe, which led to the successful appointment of one member of staff from Zimbabwe. This member of staff is employed by the external provider to provide physiotherapy services within the NHS board. They are not employed directly by the NHS board. However, independent providers are covered by the Code of Practice, and this is still deemed active recruitment and contravenes the guiding principles within the code of practice.
The NHS board has a responsibility to ensure that the third-party provider adheres to the code of practice, and this should feature in the contractual obligations between the trust and the third-party provider.
Recruitment activity which is acceptable activity under the Code of Practice:
Scenario 9 – applicants with red list nationality resident in green list countries
A doctor from Haiti - a red list country – but is a resident in Canada. An agency advertises in Canada, and the doctor is recruited in the cohort and wishes to come to Scotland.
This activity is not in breach of the code of practice - ethical recruitment is determined by the country from which the individual is resident in, rather than the nationality of the individual or their original country of training.
Scenario 10 – agency supporting recruitment following a direct application and appointment
A social worker resident in Chad - a red list country - makes a direct application to a specific vacancy advertised by a local authority and is successfully appointed. The local authority requires the support of an employment agency to facilitate the social worker through the remaining part of the recruitment process.
This activity is not in breach of the Code of Practice as the social worker had already been appointed by the local authority when they approached the agency for support with the remaining part of the recruitment process.
Scenario 11 - a board part of a collaboration advertising independently of the collaboration
An NHS board that is part of an NHS collaboration puts out its own advert for a mental health nurse vacancy on NHS Scotland Jobs independent of the collaboration. The advert is not targeted at any country. The NHS board receives 250 applications and appoints a mental health nurse resident in Ghana - a red list country.
In this scenario, the NHS board advertising the vacancy is the same NHS board requiring the vacancy to be filled.
As the NHS board is not working as part of a recruitment organisation or collaboration for the purpose of filling the role and the advert was not actively targeted at any country, this activity would not be deemed active recruitment and is not in contravention of the code of practice.
Scenario 12 -– direct applications
A social care provider puts out an advert for a number of staff to fill various specified vacancies within its own nursing homes. The advert is not targeted at any country. The provider receives 60 applications and appoints 3 senior care workers resident in the Philippines - a green list country - and 3 senior care workers resident in Nigeria - a red list country.
In this scenario, the nurses residing in Nigeria made a direct application for the advertised post, meaning they applied independently and on their own behalf.
The advert was not actively targeted at any country and was not managed through a recruitment organisation, agency or collaboration. Therefore, this activity would not be deemed active recruitment and is not in breach of the code of practice.
Contact
Email: sharon.wilson@gov.scot