For the purpose of the Code of Practice active international recruitment is defined as the process by which UK health and social care employers (including local authorities), contracting bodies, recruitment organisations agencies, collaborations and sub-contractors target individuals, either physically or virtually, to market UK employment opportunities, with the intention of recruiting to a role in the UK health or social care sector, whether or not it leads to substantive employment.
This can include, but is not limited to, advertising to candidates through all types of communication mediums, incentivisation activities such as referral bonus schemes, and referring candidates to specific vacancies in the UK in return for a fee from the employing organisation. It is illegal under section 6(1) of the Employment Agencies Act 1973 for recruitment organisations of any type to charge fees to the individual applicant for job finding services.
Other examples of active recruitment include referring candidates who are currently resident in red list countries to an employing organisation, even if they have approached the agency directly. Organisations, agencies, and collaborations should also be vigilant to online activity, particularly responses to social media and web enquiries. If your website enables CVs to be submitted, an agency should include a supporting statement that applications from individuals resident in countries on the Code of Practice red list cannot be accepted.
The only exception to this definition is where a candidate has already been appointed by a UK employer following an independent direct application and selection without the support of a recruitment organisation, agency, or collaboration, as defined below. In this case, if required, these organisations can support and facilitate the employee’s passage to the UK. In such cases it is the responsibility of the recruitment organisation, agency, or collaboration, if challenged, to provide evidence that the services they are providing are permitted under this exception.
Examples of what is and is not considered active recruitment can be found within the Code of Practice and this quick guide.