Robert DrakeDirector

Safe Screening

@safecomputinguk

Agenda

15:00 Brief Introduction to Safe Computing/Safe Screening

15:10 Screening and Compliance Legal Issues

15:25 Pre-employment Screening and Compliance

15:50 Demonstration of Safe Screening

16:30 Close

16:30 Twitter @safecomputinguk

@safecomputinguk

Safe Computing Ltd

• 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 & attendance

• Safe Outsourcing

• 4 offices throughout the UK, with strong financial status

@safecomputinguk

Safe Screening

• Safe Computing acquired Safe Screening in November 2011to compliment it’s product offering

• Safe Screening can be used as stand alone product or integrated into your HR, e-recruitment or on-boarding processes.

• In the cloud, based in the Amazon Web Services platform AWS.

• Stability

• Scalability

@safecomputinguk

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

• TUPE

@safecomputinguk

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

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UK Border Agency

• UK Border Agency (UKBA) impose sanctions on employers under civil regime.

• 40 prosecutions brought in 2007, but

• 200 in 2008

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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

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The process of imposing a civil penalty

• An immigration officer visiting an employer will request documents evidencing each employee’s right to undertake the work for which they are employed.

• May question individuals to find out what work they have been doing.

• Immigration officer may issue notice of potential liability.

• Employer has 28 days to object, or appeal.

• Civil penalty can be up to £10,000 for each individual who does not have the right to work.

@safecomputinguk

The process of imposing a civil penalty

• An immigration officer visiting an employer will request documents evidencing each employee’s right to undertake the work for which they are employed.

• May question individuals to find out what work they have been doing.

• Immigration officer may issue notice of potential liability.

• Employer has 28 days to object, or appeal.

• Civil penalty can be up to £10,000 for each individual who does not have the right to work.

@safecomputinguk

The process of imposing a civil penalty

• An immigration officer visiting an employer will request documents evidencing each employee’s right to undertake the work for which they are employed.

• May question individuals to find out what work they have been doing.

• Immigration officer may issue notice of potential liability.

• Employer has 28 days to object, or appeal.

• Civil penalty can be up to £10,000 for each individual who does not have the right to work.

@safecomputinguk

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

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The Statutory Excuse (2)

• Steps to be followed to establish statutory excuse are set out in full in the UKBA’s Comprehensive Guidance for Employers on Preventing Illegal Working.

• Two lists relating to documents which shows a person’s entitlement to work: - List A and List B

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UKBA’s Comprehensive Guidance

• List A: documents for individuals who are not subject to immigration control, or have no restriction on their length of stay.

• List B: documents for individuals who are subject to immigration control and do have a restriction on their length of stay.

• Documents which do not establish a right to work in the UK

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Employer’s legal obligations

• Employer must check validity of original documents

• Employer must identify false documents

• Employer must make and retain copies of original documents

• Employer should (and sometimes must) conduct regular checks

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Beware!

• Offence of knowingly employing an illegal migrant

• TUPE

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Origins of the idea

• Born of the industry• Excel spread sheets, outlook reminders• Seamless integrated with external data sources

• Eliminates the cost of purchasing and maintaining licences and skills for 3rd party databases/Suppliers.

• Fire and forget – managed by exception• Technology choose

• No installed software• No backup• No disaster recovery• No license fees• SSL Banking level security

• Stay abreast of compliance developments

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When do we screen?

CV

Short List

Interview

Selection offer

Start work

Establish right to work and employee ID

Match employee with ID documents

Take up references

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Screening

Automated OutsourcedManual

Compliance

• Pre-Screening• Candidate driven• Compliance• Contracts Compliance• Real-time data validation• Automated and manual workflows

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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

• Can invalidate insurance

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Why ScreenThe Scary Stuff

• £10,000 illegal workers, South East in 2011 total of £3M• Corporate Manslaughter Act 2007

– £385,000• Corporate fraud, 80% internal - £1.2 Billion

– 1500 employees each year, just the ones proven/caught

• Cost of bad hires –– most informal assessments peg the cost of a bad hire to

be 150-300% of their annual salary each year they remain employee

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Industry Defined Screening Standards

SCSecurity Check

NSINational Security

Inspectorate

GTCGeneral Teaching

Council

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Data Sources

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Excuses for not screening

•Background screening is too expensive

•Background checks are too time consuming

•Employment screening is too complicated

•We have been in business for 5,10,15,20 years without doing background checks and everything has been fine

•I’m a good judge of character

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@safecomputinguk

Check data sources

Telephone No. AddressName Date of Birth

GenderBusiness Universe

Mortality SanctionsFraud Alert

IP AddressCredit Cards

Employers

@safecomputinguk

Nam

e

DOB

Address

Gen

der

Mortality

Electoral Roll

Rolling

 Electoral

X Directory Teleph

one

Sanctio

ns & Pep

's

Cred

it Histroy

Cred

it Activ

ity

CCJ

Cred

it Ag

encies

Bankrupt

Directorships

Fraud

Employer Che

ck

Bank

 Accou

nt Che

ck

Linked

 Add

resses

Previous Add

resses

Related Searches

Check ID Yes Yes Yes Yes No Yes No Yes No No No No No No No Yes No No No No No

Prove ID Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes No No Yes No No No No No

Employee ID

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

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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• A Documents can be invalid for a number of reasons

• Expired Documents• Fake• Altered

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What types of document?

Passports

ID Cards

Drivers Licences

Residents Permits

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Passport Checks

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Quantifiable time and cost savings

• Reduces screening times by 40%• Eliminates the cost of purchasing and maintaining licences and skills for

3rd party suppliers.• Real-time global data feeds• No postal costs• Demonstrable, defendable process and audit trail• Passport validation – 237 counties across the globe• Validates data at input stage reducing errors to 0.1% vs. 50% on paper

applications• Disclosure – can reduce processing times by 10-20 days vs. paper

applications• No installed software• No backup• No disaster recovery• No license fees

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