If An Employer Had A Policy Of Only Offering Fixed Term-Contracts-to Applicants Who Are Not Entitled To Permanently Reside In The UK Would Be Racial Discrimination

Posted in : First Tuesday Q&A NI on 3 August 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Discrimination; Fixed-Term Contracts

Migrant workers employed legally in the UK generally have the same rights as workers who were born in the UK. Importantly, this includes the right to be protected from discrimination.

The Race Relations (Northern Ireland) Order 1997 provides protection against racial discrimination. In determining whether the conduct complained of is unlawful, it is necessary to consider whether, among other things, it is motivated by discrimination on the grounds of race.

Direct discrimination is what results when someone is treated less favourably on the grounds of a protected characteristic. In this case, the protected characteristic is race. Under the above policy, those who are residents of the UK

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Back to Q&A's This article is correct at 03/08/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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