Job fraud on the rise: the new recruitment challenge

Laura Hayward looks at the challenges faced by employers and recruitment agencies in managing situations where employees try to work more than one full-time job concurrently.

Over the last five years the majority of the world has adjusted to hybrid and fully remote working, with many industries maintaining this as standard to allow employees a better work-life balance.

For the majority of us, this came as a great perk largely due to the flexibility offered, as well as the lack of commuting chaos (and cost). However, others have used it as an opportunity to accept multiple roles, often working two or three full-time jobs concurrently – and without transparency.

For me, the obvious question is, how is that even possible?

Put plain and simple, it isn’t. But it would seem that the changes to the ‘traditional’ workplace set up have resulted in an exponential rise in workers committing job fraud.

Reflecting on the last couple of years, this has become a challenging area for both recruiters and employers to manage. More often than not, the worker/s tended to put on an ambiguous front when it came to other roles they may have had.

That being said, three years down the line those workers are being located and the pattern is becoming clear: the worker engaged in employment conversations with a recruiter, but they failed to mention their current role(s), both on their CV and during discussions, and accepted a new role.

Fast forward a few weeks and their manager gets in touch with the recruitment partner, asking:

• Have you heard from [employee]?
• We can’t get hold of [employee].
• We are struggling to get a timely response from [employee].
• [Employee] missed a meeting, are they okay?
• We’ve had a complaint about [employee], what’s going on?

Sometimes it becomes clear that the worker has more than one job, is not performing to a satisfactory standard (in any of them, which is often the case), and is let go. This results in an investigation being launched into their conduct.

To be clear, it is absolutely possible to have more than one job. At Sellick Partnership, we have several locum legal professionals who are working in more than one assignment at any given time, however, the key is that they are transparent and upfront with both their recruitment partner and their prospective employer.

It is possible to work two part-time jobs at once, and it is possible to have a full-time job and a part-time job at the same time but, being honest is essential here, and it really can work if that approach is taken and all parties are in agreement.

What is happening now?

The National Fraud Initiative (NFI) is currently investigating this type of fraud, which they are calling ‘multiple contract working’. So far, the investigation has uncovered numerous workers committing fraud within several local authorities nationwide, with several others participating in the investigation.

The NFI, which is overseen by the Cabinet Office, launched a pilot scheme to establish the extent of the problem at London councils, with most requiring people to declare second jobs.

If a candidate fails to declare a second role, the NFI considers this a form of fraud as the additional work is being completed without the knowledge of the employer/s and contrary to the terms of their employment contract.

So, what is on the line here?

Submitting hours for two or more different organisations at the same time is fraudulent, and doing so could have professional consequences. It could be considered a breach of contract and this will be liable for corrective action or dismissal.

It’s important to understand that employers are investing in their employees, expecting them to work at peak performance and be as productive as possible. Working multiple assignments can impact the quality of work, not to mention contribute to burnout.

A large number of the legal professionals we work with are Solicitors who are regulated by the Solicitors Regulation Authority (SRA). The SRA can refer a case to the Solicitors Disciplinary Tribunal (SDT) and has the authority to suspend a Solicitor from practice, impose restrictions on practice, fine, reprimand, or strike a Solicitor’s name off the Roll, meaning that the individual is no longer able to practice as a Solicitor. Putting it bluntly, this could ruin a Solicitor’s career.

While it’s not illegal to engage in multiple contract working, we have spoken to several organisations that have had an experience of this with employees and have handed the matter over to their police authority for investigation. It is too soon to know the outcome of these investigations but it is safe to say that these aren’t getting overlooked.

What can you be doing as an employer or recruitment agency to protect yourself?

In response to this alarming trend, recruitment agencies are implementing stricter vetting processes and enhancing monitoring mechanisms. Background checks, regular performance evaluations, and the use of advanced tracking software are becoming standard practice to ensure compliance and detect fraudulent behaviour early.

Recruitment agencies must be proactive and ensure that Consultants are being thorough when speaking to prospective workers, and that compliance processes are continuously updated in line with legislative requirements. As soon as this problem started to emerge, the award-winning Compliance Team at Sellick Partnership implemented a new declaration to ensure that before commencing a role, the worker must sign a declaration form outlining whether or not they are working on other assignments. If they are, they must provide details of this. 

The rise in fraudulent locum assignments is a serious concern that needs immediate attention. As recruitment agencies, we have a responsibility to uphold the integrity of our industry, as well as the legal profession by ensuring that our candidates adhere to ethical standards. We are committed to implementing robust measures to detect and prevent such activities, protecting our clients, and maintaining these high standards.

From an employer’s perspective, a number of strategies can be implemented to ensure workers aren’t engaging in multiple contract working. These can include having clear contractual agreements, regularly monitoring performance with reviews, and conducting background checks during the hiring process to identify any previous instances of multiple employment. 

Equally, employers can partner with well-established and reputable recruitment agencies that have a proven track record of thorough candidate vetting and ethical practices. Reputable recruiters often have robust processes in place to verify the backgrounds and work histories of candidates, reducing the risk of hiring individuals who might engage in multiple contract work.

What can you be doing as a candidate?

Legal professionals are urged to adhere to ethical practices and prioritise professional integrity in their assignments. Be upfront, be honest, be transparent.

Understand your contractual obligations, particularly clauses relating to exclusivity and additional work, and follow professional and ethical guidelines set by your industry and employer.

If the opportunity arises for you to take on multiple contract work, it’s recommended that you try and address any concerns about potential conflicts of interest or overcommitment early on. You should also refrain from accepting work that could directly compete with or undermine your primary employer’s interests, and obtain written permission if you plan to take on additional work that may conflict with your primary assignment.

Conclusion

The rise in workers committing fraud by taking on multiple legal locum assignments simultaneously poses significant challenges for the legal industry. To combat this issue, both employers and workers must take proactive steps to maintain ethical standards and ensure compliance with contractual obligations.

Employers can implement stricter vetting processes, offer clear contractual agreements, and provide regular monitoring, while also partnering with reputable recruitment agencies.

Workers, on the other hand, must prioritise transparency, adhere to ethical guidelines, manage their time effectively, and seek ongoing professional development. By fostering a culture of integrity and collaboration, the legal industry can mitigate the risks associated with multiple contract work and uphold the trust and quality that clients expect.

Laura Hayward is Group Director, Legal at Sellick Partnership.