A worker on a forklift truck loads a pallet into the back of a lorry
NEWS

Why Compliance is a Strategy not a Target

By

Eileen Breeze

·

Managing Director

Compliance requirements for construction companies have changed beyond recognition since we founded. Successive Governments have massively increased the legislation and their vigilance with monitoring and enforcement. As a result, our clients also demand far greater compliance capability too.   

Whilst it’s tempting to see it as a cost – and it is a big investment every year – we view compliance as a core part of our brand ideal and our overall business strategy. When you step back from the processes and checks, the fundamental need that we’re playing a crucial role in is making sure that our construction sites are safe, that our workers are protected from risks like modern slavery and low pay, and that the supply chain is robust. Legislation aside, these are all things that are simply right to do.  

THE RISKS WE MANAGE

The Compliance team sits at the heart of the business and works directly with our contractors and with all teams in the business. Our team focuses on four key areas of risk; health and safety, worker compliance, supply chain and clients stability. 

With workers and operatives, our checks include proof of ID, proof of right to work, worker tax status and skills card checks. In theory these should be fairly straight-forward however we see frequent attempts to circumvent these with false documentation. The level can be as high as 15% failing the documentation checks in any given week.  

These can be highly sophisticated digital forgeries which is why we utilize specialised identity document validation checking services as part of our processes. Bearing in mind we’re helping manage risks including modern slavery and illegal working it is imperative that we complete the checks.

MD and Founder Eileen Breeze has been integral to the development of our Compliance team.

“The worrying part is that these workers may well still end up working on site if they’ve working via an agency with fewer or less robust checks than we have. This is why is so important we work with our clients to ensure that the whole supply chain is robust and compliant.” 

With our supply chain, our focus switches to checks for financial health checks, worker CIS compliance, VAT accounting and payment, modern slavery and potential mis-treatment of workers. As with many of these checks, the work we do goes beyond box ticking. With the HMRC enforcement for non-compliance and non-payment of VAT working through the supply chain based on the Kittel principle, our in-depth checks manage risk Shore Construction and our clients too.  

“We have to know who each business is and what they’re doing. It’s not enough to say, “we checked”. We want proof that PAYE is being paid, proof that corporation tax is being paid, a copy of the HRMC Gateway showing that everything is up-to-date, and more. We do a lot of due diligence because we’re know how vital it is in protecting our workers and our supply chain.”  

We’re typically responsible for hundreds of workers at any one time. As such making sure that the clients we engage are genuine, compliance businesses, viable and paying taxes is a vital step giving added security for project delivery. Our compliance and finance team monitor this risk in real-time to manage our exposure to supply chain weakness.

Our SafeRec accreditation adds another string to our compliance bow. Providing complete transparency for our clients and workers alike.

STAYING ON TOP OF HEALTH AND SAFETY

Health and Safety is always our top priority. Ensure our sites are safe for workers and the communities we serve is the foundation of every decision we make. Our Health and Safety Manager is a member of our leadership team giving direct access to decision making and meaning immediate actions can be implemented if risks are identified.

COMPLIANCE AND ACCREDITATIONS

Our compliance process is underpinned by the extensive accreditations to make sure our processes are robust, comprehensive and repeatable.

“Our accreditations help us think beyond simply documenting a process and giving it to the team. They drive to you look at what you're doing, work out why you're doing it, ask yourself whether you’re doing it the best way, then document it and then continually improve it. When you embrace this in your culture, then the ISO accreditation will make it better.” 

MEASURES NOT TARGETS

As a key business metric, compliance is something we track in real-time and is part of our business scorecard that we review at Board level. We don’t view this reporting as monitoring performance against a target. We measure compliance performance against the business requirement of absolute compliance. The risks are too great to view it as anything other.

“It has to be 100%. You can't have any less than that. So it’s absolutely a business requirement.”  Zero is the only number of illegal workers that is ever acceptable. 100% is the only number of trained and qualified tradespeople you want on a construction site. The punishments for non-compliance are significant and some have criminal liabilities, but beyond this, there’s a very human cost and risk that we play a critical role in protecting.  

COMPLIANCE AND OUR BRAND IDEAL

Compliance fits perfectly with our brand ideal philosophy. Ultimately, by making sure we have the right processes and systems in place, we’re making life better for clients, workers, our team and the community. 

We’re making potentially dangerous working environments and the communities they are in safer, we’re protecting workers from exploitation, and we’re helping our clients by driving up the quality of the projects we support.  

OUR COMPLIANCE STRATEGY

Compliance is far from a paper exercise, it’s a strategy that allows us to manage very real risks, comprehensively and effectively. Our belief is that the investment we make in compliance gives us a competitive edge in the sectors we work in too. 

We keep up-to-date on the latest regulatory legislation and rulings with extensive team training, industry engagement and expert advice from industry experts. In particular with work closely with Aspire Business Partnership whose extensive annual audit of our systems, help keep our processes ahead of the game. 

It’s why we have a fully transparent approach to compliance with our clients. We welcome client reviews and audits of our compliance systems. Beyond this, by pro-actively partnering with clients our aim is to support compliance throughout the supply chain making sure we protect client risks at the same time as protecting our own.

If you’d like to know more about Compliance and potential risks within your supply chain, contact us here. 

INSIGHTS

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WHY COMPLIANCE IS VITAL Taking compliance seriously is a fundamental part of our values, to make sure we can provide clients with a highly effective service, protect workers and also to support our teams. Furthermore, some may not even be aware that this is a government requirement by law, making you liable to huge fines and potential prison time if you are not compliant. Because of this, we carefully monitor the compliance of our operatives out in the field before and during their projects. Our compliance team supports all divisions within The Shore Group protecting our teams, clients and candidates. At The Shore Group, the Compliance Team manages our accreditations, policies and worker documentation. The Shore Group has gained and retained 10 accreditations this year which are vital to ensure our processes are robust and effective. Our Compliance Team also monitors company documentation such as data protection, privacy, workplace safety and health and safety to name a few. Furthermore, the Compliance Team also ensures the training of staff and departments on these policies are kept up to date so employees understand the points of call for situations, such as supporting workers on-site if an incident does occur. This is why compliance is so vital for protecting everyone as covers so many areas of the business and supports all departments. "Compliance is a reactive team and the chain of checks ensures non-compliant workers don't slip through the line. We actively train our employees within the company and with apprentices working within our compliance team, it brings a fresh energy to the frontline. It really is so essential these days to have a comprehensive due diligence process in place to avoid legislative headaches, especially in a company such as TSG who have such a large workforce." Lisa Norton, Risk and Compliance Manager WHAT THE TEAM PREVENTS Consistent checks are put in place at The Shore Group, involving checking documentation to make sure fake credentials are not being produced – which unfortunately is more common than you would expect. This isn’t solely right-to-work documentation, this includes fraudulent CSCS cards, essentially faking qualifications in a plea to get a job role they are not actually qualified to do. Our compliance team were able to spot 5 fraudulent CSCS cards in the last few months, showing how very present the risk is, and how vital a compliance team is.  The checks the Compliance Team undertakes are also important steps in the fight against modern slavery, helping to protect vulnerable workers from abuse and forced labour. Modern slavery is a sophisticated crime, often hard to detect and terrifying for vulnerable workers trapped in these situations. WHAT CHECKS ARE UNDERTAKEN AND SYSTEMS USED Passport / ID Cards (verified using Trust ID) Proof of Address & Proof of National Insurance Share Codes (where applicable) Skills Card (front & back and verified using checking systems) Trust ID is the verification tool we use for checking all British passports, Gov UK Share Code Website checks all EU and Non-EU share codes and cards are checked against CITB, ECS and GQA. CHALLENGES OVERCOME The Compliance Team has had a handle on new challenges every year. In recent years, the development of mandatory share codes since leaving the EU in 2020 spiked a number of issues. Workers who wanted to stay in the UK were left without a valid right to work, waiting on their status to be determined by the Home Office. This temporarily delayed operatives starting on jobs and was a challenge The Shore Group was able to overcome. This was because of the efficiency of the Compliance Team specifically put in place; we invested a lot of time and money, ensuring the team chosen was the best fit for the role. COMPLIANCE FIGURES Around when the Compliance team first started in December 2020, the average compliance was 63%. The team continuously work around the clock to ensure we stay well above this original figure. Following the latest reporting in September 2022 – Average Compliance is now 98.5%. This figure is a clear indication that the team have maintained and continues to maintain a controlled process. WHAT WE DO DIFFERENTLY By law recruiting requires due diligence checks to be completed. With our unique Portal system, we can provide an extra level of trust as the application enables you to view the checks completed by the team, to show that workers onsite are compliant. "The addition of Compliance to The Portal is a game changer from a client’s perspective. Due to the requirement for site inductions and the potential complications that come with it, such as the need to pass on information prior to the induction, clients can benefit greatly from the ability to view and direct operatives early on. This feature allows for early engagement and a more streamlined process overall." Lewis Yorke-Johnson, Co-Founder Compliance takes action with identifying, preventing and mitigating modern slavery within operations and supply chains. This is why thorough due diligence checks are completed where applicable the following checks take place: VAT Account Activity Statements Evidence of Payment to HMRC PAYE Statements Payslips CIS Returns Confirmatory Statements from Pension Provider to detail contributions made on behalf of employees   SUPPORTING YOU If you would like any guidance with your own compliance process, we can support you with these procedures. If you are currently working with us or would like to contact us and we can provide this assistance taking the stress out of the know-how of essential requirements.

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Eileen Breeze

Managing Director

Eileen leads BoostPay and has long-standing experience across payroll, employment and compliance. She speaks for BoostPay on compliance, legislative change and workers' rights.

GET IN TOUCH

DISCUSS YOUR PAYROLL

Speak with our team to explore your payroll needs and see how BoostPay can make paying your workforce simpler, more efficient and easier to manage.

Eileen Breeze

Managing Director

Eileen leads BoostPay and has long-standing experience across payroll, employment and compliance. She speaks for BoostPay on compliance, legislative change and workers' rights.