When to refer an employee to us
As an employer you have a key role to play in initially assessing and dealing with any allegation(s) regarding an employee’s fitness to practise.
You should refer your employee to us at the start of your processes if;
- your employee has been suspended or dismissed
- your employee has resigned or left prior to you being able to complete your process and the outcome would have been dismissal
- they are subject to a police or Safeguarding investigation.
You should keep us informed while these processes are ongoing. You should then inform us when they are concluded and provide us with relevant supporting evidence. If your employee leaves during your investigation we would still encourage you to complete the investigation process.
Otherwise let us know at the end of your disciplinary or capability process.
In some circumstances, you should refer your employee directly to us, irrespective of your own internal investigation procedures. For example, if the person has been placed on a barred list held by the Disclosure and Barring Service or they have been convicted of a criminal offence.
Examples of the types of matters that do not need to be referred to us are:
- employment matters where the only issues are related to annual leave, lateness or sickness absence
- where the issues are low level or a letter of concern has been issued by you but no disciplinary sanction has been given
- concerns which, after initial consideration were not investigated further
Referring a worker who isn’t registered with us
You may want to raise a concern about employees who aren’t registered with us yet.
If these employees are
- Domiciliary care workers
- Adult care home workers
- Workers who should be registered with us but aren’t.
We are able to hold information on them which we will take into account when they apply to become registered.
Mandatory registration is required for domiciliary care workers by 2020, and for adult care home workers by 2022.
If you think that a person is working or calling themselves a social worker, or they don’t have the qualifications required or are not registered with us you should contact us immediately on 02920 780545
When there’s a duty to refer a worker to us, you should still do so even if a compromise agreement has been signed. We don’t need details about any monies paid but we do need to know the reasons for the compromise agreement.
When writing the agreement, make it clear that any confidentiality clause doesn’t apply to information passed to us.