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General enquiry re discrimination

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GreyArea
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Joined: Fri Oct 19, 2012 12:02 pm

General enquiry re discrimination

Post by GreyArea » Fri Oct 19, 2012 12:09 pm

If we advertise for a job that is a 6 month contract, is it acceptable to specify that applicants must have at least 6 months permit to work remaining?

If the answer to the above is "yes", then if we advertise for a job that is permanent, is it acceptable to specify that applicants must also have permanent permit to work?

Cannot get clear guidance on this from the Equality Advisory Service Helpline - they answered "Yes" to the first question, but then said I'd have to ask the UKBA when I quoted them UKBA guidance which reads;

"Job applicants should not be treated less favourably if they produce a document or documents from List B rather than List A. A person producing document(s) from List B will have a time limit on their legal ability to stay and work in the UK, but it is possible for certain categories of entrant to obtain an extension to their entitlement to remain and work in this country."

This would seem to indicate that you can NOT reject applicants on the basis of the duration of their permit to work. I'm really hoping common sense comes into it SOMEwhere though, otherwise we have to consider all applicants for permanent roles, even if their permit to work at the time of application has only one day left to run.

Help!

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