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PostPosted: Fri Mar 09, 2012 2:00 pm 
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Hopefully someone on here knows the answer to this. Can an employer legally discriminate against people who are not on a permanent visa? They are legally entitled to work with a PSW Visa, which has 2 years left on it. Would they be covered under section 4 of the 1976 race relations act? Or are they an exception?

This is for job applications, not people who are already employed.

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PostPosted: Sun Mar 11, 2012 4:41 pm 
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I doubt you could claim racism as a cause, since your problem is the actually the lack of assurance that the employee will be able to continue working in 2 years time. The Race Relations act is for protection against dicrimination on grounds of Ethnicity/Race/Nationality.


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PostPosted: Sun Mar 11, 2012 5:42 pm 
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Thank you. I see, but this seems like a back door for discrimination. If the only visa someone from outside the EU can get is a 2 year PSW visa and employers are using this as an excuse to screen them out without any other consideration, then surely this breeches the act?

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PostPosted: Sun Mar 11, 2012 8:09 pm 
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I'm not in anyway an authority, but I think there's provisions in place that if they can reasonably believe that the person will transfer outside the UK (and thus take any skills learned at their company with them), then they can turn them down. I would think CAB is the best place to check this though.


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PostPosted: Sun Mar 11, 2012 11:11 pm 
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Unless you are applying for a job where secrecy is super tight like designing F1 cars or the next stealth jet I'm not sure why a company would worry about you leaving with extra skills. 2 years is a pretty good amount of time to commit to a company and just because your visa might be up doesn't mean you are unable to come back and work for longer if you enjoy it.
I really don't think it should be an issue but as has been said your best bet is the CAB.


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PostPosted: Mon Mar 12, 2012 9:56 am 
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Fatal Exception wrote:
Thank you. I see, but this seems like a back door for discrimination. If the only visa someone from outside the EU can get is a 2 year PSW visa and employers are using this as an excuse to screen them out without any other consideration, then surely this breeches the act?

I see a lot of people with Tier 1 applications and TBH, it is a concern. In the particular role I'm advertising for people take 6 months or so before we can get a good return on them and I don't want to invest in people only to have problems with getting their visa extended. It is just simple business sense. You've not said why you are interested in this. Have a girlfriend you are trying to keep here? :P

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PostPosted: Tue Mar 13, 2012 10:18 am 
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I don't like immigrants.

They come over and steal our jobs , women, swagger. I can't stand em.

Also black people .

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PostPosted: Tue Mar 13, 2012 11:17 am 
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Dblock wrote:
I don't like immigrants.

They come over and steal our jobs , women, swagger. I can't stand em.

Also black people .


The best comments on BBC “Have your say” discussions are from people moaning about immigrants but who sign off with “Dave, Alicante”. :lol:

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PostPosted: Wed Mar 14, 2012 2:45 am 
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All our people go to Australia. strawberry float Australia.

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PostPosted: Wed Mar 14, 2012 11:14 am 
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1cmanny1 wrote:
All our people go to Australia. strawberry float Australia.


Look no further FE, as Manny has provided you with the answer to your question.

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PostPosted: Thu Mar 15, 2012 10:35 pm 
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1cmanny1 wrote:
All our people go to Australia. strawberry float Australia.


So surely just the retards are left behind? Why are you still in New Ze..... Never mind.

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