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          New Home Office fraud legislation



          exposes employers to risks






           Under proposals, businesses will need to demonstrate reasonable
           measures have been implemented to prevent fraud



          The latest action from the Home Office to           preventing fraud and other unscrupulous
          prevent fraud in the workplace will place           behaviour from staff, businesses are facing a
          even greater emphasis on compliance for             wealth of hurdles that could pose a real risk to
          employers, and is another example of the            their company. However, with the Home Office
          growing clampdown on business-related               demonstrating a clear focus on clamping down
          criminal offences that firms need to be             on unlawful activity and putting the onus on
          prepared for.                                       organisations to ensure they are taking steps
                                                              to reduce fraudulent behaviour, employers
          That’s according to specialist background           really do need to take action now.
          screening and identity services firm, Sterling.
                                                              “While we may be in a highly flexible world of
          In an announcement last week, the Home              work that many wouldn’t have even dreamt
          Office unveiled new proposed legislation            of pre-Covid, this way of operating does
          for “failure to prevent fraud” offences, which      create more opportunities for fraud and is
          would make it easier to prosecute larger firms      arguably more difficult to control and monitor.
          if members of staff commit fraud to benefit         We’ve seen an increase in workers managing
          their business                                      multiple full-time jobs through fraudulent work
                                                              activity, including outsourcing day-to-day
          Under the proposals, the employer would
          need to demonstrate that reasonable                 tasks to friends or relatives. And that’s just
          measures were in place to deter the offence.        one example of the behaviours that are being
                                                              targeted by the Home Office and other global
          According to Steve Smith, President                 authorities.
          of International at Sterling, this latest
          development is another example of the               “Business leaders needs to ensure they
          increasingly complex compliance landscape           are set up to both effectively screen for
          that employers need to be prepared to               any potential behavioural red flags before
          navigate:                                           employment contracts are signed, and have
                                                              a process in place to monitor this on an on-
          “The growth of technology has inadvertently         going basis if they are to avoid possible claims
          led to an increasingly sophisticated fraud.         of failing to prevent fraud under these new
          With remote working also presenting further         proposals.”
          challenges to employers when it comes to






          May 2023                                                                                          7
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