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Care staff compliance remains the building block of delivering safe, high-quality care in the health and social care sector. As a care home manager, I’ve wrestled with the complexities of ensuring staff meet CQC regulations while fostering a supportive workplace. From handling last-minute absences to navigating and properly managing risks, compliance is a daily challenge.
In a recent Access Skills Ask Kane webinar, employment law expert Kane Keeling-Treasure, a senior consultant at Crona, shared proven strategies for care staff compliance. With years of HR experience in care, Kane’s insights are gold for managers and HR professionals.
This guide offers 10 actionable tips to master care staff compliance in 2025. Whether you’re ensuring Employment Rights Act 1996 adherence or preparing for CQC inspections, these strategies will help you build a compliant, thriving workforce. Let’s dive in and explore these tips.
1. Ensure Care Staff Compliance with Sickness Absence Policies
Managing sickness absence is a cornerstone of care staff compliance. Kane highlighted the risks of dismissing probationary staff without due process, especially if absences relate to disabilities protected under the Equality Act 2010. One of my experiences as a care manager was when a new carer, Emma, frequently missed shifts due to migraines. Assuming a short-service dismissal was safe, I nearly faced a £30,000 claim.
Here are the things to ensure;
- Assess Causes: Determine if absences involve protected characteristics. Offer reasonable adjustments, like flexible hours, to comply with ACAS guidelines .
- Follow Process: Conduct medical capability reviews, documenting steps to defend against discrimination claims.
- Seek Advice: Consult employment law experts to tailor solutions.
Access Skills offers nationally recognised training courses that educates care staffs on how to manage different kinds of situations without discrepancies. From understanding absence-related compliance to staying CQC ready, the training gives you all you need to get it right.
2. Verify Candidate Integrity for Care Staff Compliance
Hiring the right people is one of the most important things to consider in care — not just for the safety and wellbeing of those we support, but for staying compliant with regulations and building a strong team.
I remember interviewing a carer who gave incredibly thoughtful, compassionate answers. She spoke with such sincerity about wanting to make a difference, and it genuinely struck a chord with me. But when I looked at her references, they were vague — nothing negative, but also not much to go on. I hesitated, but her passion and potential came through so strongly in person that I took a chance.
It turned out well in the end, she became a valued member of the team. But looking back, I realise how important it is not to rely on gut feeling alone.
As Kane pointed out in training, a robust recruitment process is essential — especially when references are unclear. It’s not just about ticking boxes; it’s about protecting your service, the people in your care, and the rest of your team.
- Probe Deeply: Ask scenario-based questions (e.g., “How would you calm a distressed resident?”) to assess character.
- Document Processes: Follow Skills for Care’s safe recruitment guide with DBS checks and reference follow-ups.
- Refine Questions: Adjust interviews to elicit values-aligned responses.
3. Coordinate Agency Staff Without Compromising Care Staff Compliance
With over 131,000 vacancies across the care sector (according to Skills for Care), turning to agency staff can feel like the only way to keep your rota covered. I’ve been there — facing back-to-back absences and scrambling for support, it’s easy to prioritise availability over long-term compliance. But that’s where things can go wrong.
Kane shared a sobering example: an agency had supplied a worker who had serious DBS offences — ones that somehow slipped through the cracks. That case stayed with me, because it could happen to any of us if we don’t double-check the details.
Here’s how to stay compliant while using agency or sponsored staff:
- Do Your Own Checks: Never assume the agency has done everything right. Always run your own DBS check and verify documents — the CQC holds you responsible, not the agency.
- Be Clear on Sponsorship Terms: If you’re working with sponsored staff, make sure their hours are clearly defined in their contract. Gov.uk visa guidance makes it clear: any vagueness can leave you open to legal claims.
- Factor in Costs Early: Sponsoring staff means thinking ahead — including upcoming National Insurance changes and other financial responsibilities. It’s better to plan than to be caught short.
While agency workers can provide temporary relief, they should never be the backbone of your team. Access Skills training are currently on a summer meltdown discount, a perfect time to enrol and strengthen your in-house care team, reduce over-reliance on agencies, and build a compliant, consistent team.
4. Enforce Mandatory Training for Care Staff Compliance
Training isn’t just a tick-box exercise — it’s what protects the people we care for, our staff, and the service as a whole. And yet, one of the most common pitfalls I’ve seen is assuming that training completed elsewhere meets the standards required here.
As Kane reminded us during training, we have a legal duty under the Health and Safety at Work Act 1974 to ensure that all staff — including agency and zero-hours workers — are properly trained and assessed.
Here’s what to do to stay on the right side of compliance:
- Always Verify Certificates: Request CPD-accredited proof. If it’s not verifiable, it doesn’t count — no matter how confident the staff member is.
- Offer In-House Training: This ensures that everyone’s learning reflects your service's values, systems, and expectations.
- Book Regular Refreshers: Annual updates aren’t just best practice — they’re vital. Skills fade quickly, especially in high-pressure environments.
5. Tackle Role Resistance To Maintain Care Staff Compliance
One issue that can quietly undermine your service is carers refusing to carry out certain tasks — particularly cleaning. In domiciliary care, I’ve often seen staff push back, saying “I’m here to care, not to clean.” While I understood their concern, it created tension with families and confusion over expectations.
A few years ago, my team faced this exact challenge. One client’s home had clear hygiene needs, but the carer assigned felt cleaning was outside her remit. That grey area could’ve become a formal complaint — or worse, a safeguarding issue.
Kane highlighted something we hadn’t fully considered: under the Employment Rights Act 1996, staff must have clarity on duties from the start — and we, as employers, have the responsibility to define that.
Here’s how to address it to stay compliant:
- Clearly Define Duties: We updated our contracts and job descriptions to include cleaning as either a direct duty or a “non-exhaustive” task. That way, there’s no confusion when expectations arise.
- Provide the Right Training: Introduce COSHH training in line with HSE guidelines, so staff fel more confident and protected when handling cleaning products.
- Set Boundaries Around Conduct: Occasional uncertainty is natural, but ongoing refusal without valid reason became a disciplinary matter — always handled with fairness and documentation.
6. Balance Language Policies for Care Staff Compliance
Language is a powerful part of identity — but in care settings, it can also become a complex compliance issue. I remember a time when two of our carers were chatting in their native language during a break, and a colleague raised concerns, saying it felt exclusive. It sparked a wider discussion in our team about when and how language policies should apply.
Kane shared a useful legal perspective during our training. In the GJAC v Future Electronics case, banning staff from speaking their native language during breaks was ruled as discriminatory under the Equality Act 2010. But in Kelly v Convince Laboratories, restrictions were justified when they were linked directly to health and safety concerns.
The takeaway? Policies must be clear, fair, and rooted in genuine business needs — not assumptions or bias.
Here’s how we’ve approached this to stay compliant and inclusive:
- Justify Policies: We ask that English is spoken when interacting with residents, especially for safety, dignity, and communication. But on breaks or in staff-only settings, native languages are welcome and respected.
- Consult Experts: To avoid accidental discrimination, we consulted legal guidance before introducing our policy. It’s worth every penny for peace of mind.
- Respect Diversity: Encouraging staff to feel seen and valued in their cultural identity has actually improved retention and team morale.
7. Conduct Regular Audits To Boost Care Staff Compliance
When you’re managing a busy care service, audits can feel like just another task on an already packed to-do list. But from experience, I’ve learnt that regular audits don’t just satisfy the CQC — they actively protect your service, your staff, and the people you care for per CQC Regulation 17.
Kane emphasised this during training, pointing out that while audit processes can vary by service, what matters most is consistency. Monthly checks — even if they’re small can uncover issues early and help you take action before they become bigger problems.
Here’s what to prioritise in your audit routine:
- Care Records: Review MAR charts, daily notes, and care plans to ensure accuracy and compliance. It’s amazing how much can be missed during the daily rush.
- Health and Safety: Conduct monthly checks on things like fire safety, bed rails, and kitchen hygiene — all in line with the Health and Safety at Work Act 1974.
- Staff Compliance: DBS checks, training logs, and expired certificates — it’s all part of making sure everyone is legally cleared and competent to deliver care.
Bonus Tip: Navigate Pay and Working Hours To Maintain Care Staff Compliance
Pay and working hours might not be the first thing that comes to mind when thinking about care staff compliance — but they’re critical. With National Insurance increases expected in 2025, this is one area where proactive planning can make a real difference.
I remember when our overtime costs started climbing unexpectedly. We were trying to reward staff for going the extra mile, but by the end of the quarter, we were nearly £5,000 over budget. It forced us to get creative — we introduced time off in lieu options and partnered with a local discount provider for staff perks. Not only did we manage the costs better, but staff actually appreciated the flexibility more.
Kane’s advice really stuck with me: staying compliant isn’t just about paperwork — it’s about running your service sustainably. Here’s how we’ve built that into our planning:
- Balance Costs with Care: We’ve replaced some overtime with alternatives like flexible leave or benefit schemes, giving us more breathing room without cutting corners.
- Plan Ahead: We now budget for potential increases well in advance, guided by gov.uk tax updates — this helps us avoid tough decisions later.
- Track Hours Properly: We log working hours closely and remind staff to declare additional jobs, ensuring compliance with Working Time Regulations and safeguarding everyone’s wellbeing.
Your Path to Care Staff Compliance
Mastering care staff compliance isn’t just about ticking regulatory boxes — it’s about creating a safe, supportive environment where both your team and the people you care for can thrive. It means blending compassion with clear policies, and staying ahead of the challenges that come with running a modern care service.
Kane’s insights throughout this post highlight just how vital strong leadership is. And with over 500,000 new care roles projected by 2035, the way we approach compliance today will shape the future of the sector.
At Access Skills, we’re here to support you with the training, guidance, and resources you need to stay confident, compliant, and CQC-ready.
Start now — and build a workforce that’s not only compliant, but caring, capable, and ready to shine in 2025 and beyond.
