Source · Select Committees · Health and Social Care Committee
Recommendation 71
71
Accepted in Part
Paragraph: 233
Review NHS recruitment contracts to eliminate punitive repayment clauses for international staff.
Conclusion
The NHS must undertake a review of its recruitment processes to ensure that no international health and care staff are being subject to punitive repayment clauses in their contracts. Those who are subject to repayment clauses must be released from them, and future NHS contracts must not contain repayment clauses.
Government Response Summary
NHS England (NHSE) requires all trusts to follow the UK Ethical Code of Practice, which has been updated to ensure repayment clauses are transparent, proportionate, flexible, and taper down over time. NHSE will continue to explore further guidance with partners.
Paragraph Reference:
233
Government Response
Accepted in Part
HM Government
Accepted in Part
NHSE requires all trusts to follow the UK Ethical Code of Practice when employing international health and care staff, which is clear that applicants must not be required to pay any fees in order to gain employment and that the exact terms of a candidate’s contract—including those relating to circumstances in which advances may be reclaimed—must be clearly explained in writing. The Code has recently been updated to ensure that all repayment clauses are transparent, proportionate, flexible and must taper down overtime. NHSE will continue to explore with partners across government and the health system what further guidance is required to support employers and employees regarding this issue.