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‘SENSIBLE’ RECRUITMENT POLICIES COULD LEAD TO TRIBUNAL
Added: (Thu Oct 22 2009)
A Midlands law firm has urged organisations looking to dip into the talent pool and recruit new staff to be cautious – or they could end up in hot water.
Leamington based Wright Hassall have warned that what may seem like sensible recruitment and job advertising policies could land companies in front of an employment tribunal.
The warning comes after another law firm, Osborne Clarke, were taken to tribunal after they dismissed an Indian man’s application for a trainee position at the very first stage because they believed he would be unlikely to obtain a work permit.
The firm argued that UK Border Agency guidance stated positions could only be filled by non European Economic Area (EEA) workers if there were no suitably qualified settled workers available to fill the vacancy, as this was a trainee position, that would be unlikely.
However the tribunal found Osborne Clarke guilty of indirect race discrimination – underlining rules that vacancies must be advertised and open to applications from all possible candidates during the initial stages.
Marian Dixon, head of the business immigration team at Wright Hassall, said: “The lesson here is that companies must not dismiss applications out of hand at the very early stages.
“Organisations should not use whether people have the automatic right to work in the UK as a tool for filtering applicants out, and if they do they could end up in front of a tribunal.
“It may seem logical to dismiss applications from people who could potentially be refused the right to right to work in the UK, but the finding of the tribunal in Osborne Clarke is a clear warning against this type of recruitment practice.”
Dan Donovan
Advent Communications
2 Edison Building
Electric Wharf
Sandy Lane
Coventry CV1 4JA
Tel: 024 7663 3636
http://www.advent-communications.co.uk