Latest in Employment Law>Articles>What do employers need to know about hiring Ukrainian refugees?
What do employers need to know about hiring Ukrainian refugees?
Published on: 07/04/2022
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Seamus McGranaghan
Seamus McGranaghan

Rolanda: But yeah, so sorry, we dropped that picketing Code of Practice just and link to that in the chat there if you're interested in reading that. Okay, just move on to our final topic, a few minutes still to go. And obviously, the government has made it easier some would say for Ukrainian refugees to come and work in the UK including Northern Ireland. So what's the sort of legal position, Seamus, if you did want to? I think there was a number of people there who working to employ some Ukrainian refugees. We are going through a bit of a skill shortage so it's perfect timing in a way.

Seamus: Yeah. There is I mean, so if you go on to . . . and I actually see when I checked during the week there that there's actually a . . . Yeah, NI Direct have updated. They have now specific like Q&A on their website for the Homes for Ukrainian scheme. And this is the scheme where you can essentially register and it's what will be known as a local sponsorships scheme for Ukraine. I think that the figure . . . the only figure I could get for this, Rolanda, was back on the 18th of March. I think Brandon Lewis had said and Parliament in Westminster that there have been over 6000 people in Northern Ireland at that point had registered for the scheme. And under the scheme, it's a sponsorship scheme for Ukrainians that don't have family in the UK so you can obviously . . . there's a traditional Ukrainian family scheme whereby that permits family members of British nationals, UK settled persons and some others to come and stay in the UK. But you would need to have . . . if you're Ukrainian, you need to have that link.

But they have set up this other scheme which is known as a local sponsorships scheme for Ukraine and it's there for Ukrainians with any family in the UK, and it permits sponsorship including communities, private sponsors or local authorities to volunteer and to sponsor refugees from Ukraine because of the ongoing crisis and more that's happening. Those that come under the scheme, they will be granted for an initial period of 12 months and will be able to work and access public services for that period of 12 months as well. And you can go online, you can register your interest. And you can say that you want to be a sponsor of an individual or family, and you can volunteer to be matched quickly with Ukrainians that are in need. And under the scheme there is a payment made of £350 per month. You can't charge rent and you can't charge for accommodation services or anything like that for anyone that staying with you, so you can get this payment of £350. You don't have to provide food or meals. Obviously, you can do that if you want but there is this ability to the access that under the scheme.

And I suppose that the thought has been moving to where we may have certain industries that are really struggling. We've covered this on our podcast before, particularly in hospitality where there are . . . there's such a shortage of skilled and unskilled workers. My understanding is as well that there is a huge number of Ukrainians that are very skilled in relation to IT. And again, we have a shortage of that. So there is a benefit to maybe looking at the scheme and if employers are encouraged by that that they could speak with their . . . they can either register or they can have staff that can register in terms of maybe filling in some of those gaps that we have.

And certainly not talking about taking advantage of anybody that has gone through a very difficult time. And so there's clearly a possibility there that employment could be provided. And the employment that is provided is provided on the basis of our employment law and under Northern Ireland. So it's not that somebody would come as a refugee and that would be paid less or anything like that in terms of normal entitlement. You know, the employer has to adhere to the law regulations here at the minute. So I think we have around 6000 people that have applied in Northern Ireland back on the 18th of March. I'm sure those numbers have increased since then. And you know, there's opportunities for this to work both ways and to be positive both ways.

Rolanda: So in terms of how long can you employ somebody then, you know, who comes in through this scheme, how long are you able to lock the employment for?

Seamus: Wherever they come in under the scheme, the home office guidance is that it's an initial period of 12 months. I don't know what will happen after that and whether or not there will be resolution and people maybe wanting to return home or maybe people will settle and decide that they want to process other applications through the home office in relation to getting settlement and things like that as well. But the initial period is for 12 months and just on radio also this morning as well. They were talking about . . . there was a local lady on had I think it was through the scheme. It wasn't that this was a family member or anything like that. And there was just queries around that some of those refugees have come in through the Republic of Ireland. And then we're going to be settled in Northern Ireland by people through the sponsorship scheme. And they had got clarification eventually from the home office to say that even if you don't come into Northern Ireland via the UK and you come through the Republic of Ireland, that you still get access for services. But they did say that it was an initial period of six months. So I'm not sure if there has been some change in and around depending on what way that person arrives. And but certainly 12 months is what the scheme sets out.

Rolanda: Okay Just one last question then because we're a wee bit over time, but somebody asked the question, Seamus, just about support worker rules that require police checks, you know, how would that work? I take it they still need to be done?

Seamus: Yeah, funnily enough. I was looking on that guidance that I referred you to. It does talk about checks being carried out and conducted and specifically, it had said about . . . let me just see if I can put my eye on that, which is typically that I can't now whenever I mentioned it. But they said about . . . see. Yes, what safeguarding protections will be put in place? And it does say safeguarding measures have been put in place to protect the safety of anyone that comes to stay in Northern Ireland. Measures are also in place to ensure sponsors are safe and protected. So I assume that there still will be those sorts of checks that need to be conducted and carried out as well. And I think that if you're in specific roles where you would normally have AccessNI check, or there be some sort of vetting and done that would still need to take place.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 07/04/2022