Unsuitable Worker Policy

1. Purpose

The purpose of this policy is to ensure that LB Education Services Ltd t/a Class People (“Class People”) responds appropriately where information comes to light which gives reasonable grounds to believe that a work-seeker or worker may be unsuitable for a role in which they have been supplied or are proposed to be supplied.

This policy applies to all temporary workers, agency workers and candidates introduced or supplied by Class People.

2. Legal Background

Under Regulation 20 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, where an employment business becomes aware of information which gives reasonable grounds to believe that a worker is unsuitable for a position, it must take appropriate action.

This may include notifying the client and, where appropriate, ending the assignment or preventing a placement from taking place.

3. Circumstances Giving Rise to Concern

Examples include:

• safeguarding concerns;

• allegations of misconduct;

• DBS disclosures;

• professional misconduct findings;

• disciplinary findings;

• concerns raised by a client;

• concerns raised by another worker;

• references received after placement;

• qualification discrepancies;

• right to work concerns;

• criminal convictions relevant to the role;

• information received from regulatory bodies;

• any information suggesting a risk to children, vulnerable adults, clients or colleagues.

This list is not exhaustive.

4. Immediate Action

Where any member of staff becomes aware of information that may indicate a worker is unsuitable, they must:

1. Immediately notify their manager and the Compliance Team.

2. Record the concern on the CRM system.

3. Preserve all relevant evidence and correspondence.

4. Refrain from making any assurances to the worker or client until the matter has been assessed.

5. Assessment

The Compliance Team and relevant manager shall assess:

• the nature of the concern;

• the credibility of the information;

• the seriousness of any risk;

• whether safeguarding issues arise;

• whether regulatory reporting obligations exist;

• whether the worker should continue to be supplied.

All decisions must be documented.

6. Notification to Clients

Where Class People has reasonable grounds to believe that a worker may be unsuitable for an assignment, the relevant client shall be notified as soon as reasonably practicable.

The information disclosed will be limited to that which is necessary and appropriate in the circumstances.

Where appropriate, Class People may recommend:

• immediate removal from assignment;

• suspension pending investigation;

• cancellation of future bookings; or

• enhanced supervision arrangements.

7. Permanent Introductions

Where Class People operates as an employment agency and has introduced a work-seeker to a hirer for permanent employment, if Class People receives or obtains information indicating that the work-seeker is or may be unsuitable for the position in which they have been employed, Class People will inform the hirer of that information without delay. This obligation applies for a period of three months from the date on which the work-seeker was introduced to the hirer.

8. Safeguarding Matters

Any safeguarding concern involving children or vulnerable adults shall be treated as a priority.

Class People will comply with its safeguarding obligations and cooperate fully with:

• schools;

• local authorities;

• the Disclosure and Barring Service;

• the Teaching Regulation Agency;

• the police; and

• any other relevant authority.

9. Removal from Assignment

Class People may suspend or remove a worker from an assignment where it considers this necessary to protect:

• children;

• vulnerable adults;

• clients;

• other workers;

• the public; or

• the reputation and legal obligations of Class People.

10. Record Keeping

All concerns, investigations, decisions and communications shall be documented and retained on the worker’s file.

Records shall be handled in accordance with Class People’s Data Protection Policy.

11. Staff Responsibilities

All consultants, compliance staff and managers must:

• remain alert to information suggesting a worker may be unsuitable;

• escalate concerns immediately;

• follow this policy;

• cooperate with any investigation.

Failure to comply with this policy may result in disciplinary action.

12. Training

The requirements of this policy will be incorporated into induction for relevant new starters and periodic compliance refresher training for existing staff. Training will cover:

• identifying unsuitable workers;

• safeguarding concerns;

• escalation procedures;

• client notification requirements; and

• record keeping obligations.

Class People will retain records of training delivered after implementation of this policy.

13. Review

This policy shall be reviewed periodically and updated where required to reflect legal, regulatory and operational developments.