Employers must make sure that their employees are registered in the correct category, or categories, of registration for the work that they do.
A key consideration for employers in determining whether an employee must be registered, is the role that the individual is actually doing, rather than their job title.
The employer is legally responsible for ensuring that only registered practitioners are employed to do the work specific to their category of registration, as well as the registrant themselves.
Where are your employees working?
- schools
- independent schools
- independent special post-16 institutions
- FE institutions
- work-based learning
- youth work
- adult learning practitioners
Online access to the register for employers
Employers have access to the Register, so that they can carry out their own registration checks. More information or guidance on using the Register is available by
Your responsibilities as an employer
In complying with the legal requirement for ensuring practitioners are registered in the category, or categories, of registration for the work they undertake, employers should:
- make pre-employment checks to ensure that a practitioner is registered prior to commencing work. This can be done via online employer access to the Register. Where a practitioner’s registration status cannot be verified from the employer access, the
This email address is being protected from spambots. You need JavaScript enabled to view it. should be contacted directly. - ensure all employees pay the annual renewal fee by taking the required fee from employees salaries in March each year.
- check annually that all practitioners are registered.
- if an employer knowingly continues to employ unregistered practitioners the EWC will refer the matter to Welsh Government who have powers to issue a direction to the employer to comply with its statutory duty.
It is important to keep in mind that registrants must pay an annual registration fee. Practitioners who do not pay the annual fee will be deregistered in May each year. Employees should check the registration of their employees after this time, as individuals who were previously registered may have been de-registered during this time.
Finally, but most importantly you have a legal obligation to refer practitioners to the EWC.
What to do when somebody is working for you unregistered
It is possible that an employer will find that an employee, or prospective employee is not registered. This may be for various reasons.
The practitioner may be in the process of applying to register with the EWC. They should not start work until this process is complete. There are applicants who are refused registration for various reasons, so allowing those who have applied for registration to start work is not acceptable.
The practitioner may not be qualified to register in the category you are seeking to employ them, or they cannot be registered due to restrictions.
If the applicant believes that they are registered and disagrees with the record held by the EWC, we will review the matter. Once the case has been reviewed, the employer and individual will be notified accordingly.
The responsibility to refer practitioners to the EWC
In line with the Education Workforce Council (Main Functions) (Wales) Regulations 2015, as amended, all employers of registered persons in Wales are responsible for referring cases of alleged unacceptable professional conduct, serious professional incompetence and/or conviction for a relevant offence to the EWC.
An employer must refer the registrant to the EWC where it has ceased to use the services of a registrant, or might have ceased to use their services had they not ceased to provide them. The following instructions do not override an employer’s statutory duty to make a referral.
Settlement or mutual agreements where there was any possibility that the person may have been dismissed, had the agreement not been entered into.
Dismissal for Some Other Substantial Reason (SOSR) where the termination of employment was as a result of a disciplinary issue (conduct and/or competence).
All employers are reminded that making a referral in the circumstances set out above is a statutory requirement, and relates to allegations of unacceptable professional conduct, serious professional incompetence and/or conviction for a relevant offence.
If the EWC becomes aware that an employer has not or is not referring cases to it in line with the statutory requirements it may refer that employer to Welsh Government who can issue the employer with a Directive to comply.