Help!!!!!!-Employment Discrimination

[cooltoy]

Ina nut shell

• I have been with my current employer for 4 years this month.
• I began my employment on a one year fixed term contact.
• After 3 years I interviewed for a permanent post and successfully got it.
• I was then subsequently issued with a permanent contract.
• The organisation is now going through a structural review
• Its staff review policy is to priotise permanent members of staff and if there are any more posts, interview the fixed term staff.
• Another employee (immigrant) was offered a permanent position too but unlike me was now given a fixed term contract for a permanent post.
• Reason- he did not have an indefinite leave to remain visa(he is on Tier 1 general). HR claim that it is their policy not to offer permanent posts to immigrants on time restricted visas. Because of this policy, he will need to be interviewed after everybody else has been matched. ( leaving the crumbs for him to pick)

I would have fallen into this category if my contract was a fixed term contract. HR is now claiming that I was given a permanent contract in error, even though I applied for a permanent post.

• I have just been promoted into a new permanent post and HR intends to change my contract from fixed to Permanent. They are using this opportunity to vary my new contract
• My question is this- has anyone out there, interviewed for a permanent position and was given a fixed term post.

• HR claims it is illegal to offer Tier 1 general immigrants permanent contracts.Does this contravene any existing uk laws

• Has anyone worked in a company where immigrants on time restricted visas are prioritised last on training, opportunities based on their visas

[st_notes]

Sound like your colleague has been treat unfairly. But I don't know what's the law says. I can only tell you that I was on HSMP and Tier1 with two employers and both got permanent contract.

Obviously it says permanent, but it would subject to my visa condition, but I definitely don't have to go through another interview whenever my visa status changes.

[Gyfrinachgar]

Reason- he did not have an indefinite leave to remain visa(he is on Tier 1 general).

Recently read the following in a job advertisement: "The UK Government have taken steps to reduce net migration into the UK. Please note that whilst we are able to consider applications from oversea workers, we can only employ them if we can provide evidence that there are no other suitable candidates for this vacancy from inside the EEA." Here is a similar, current example I just found (third paragraph from the bottom: Right to Work).

I assume that this is what the HR department was referring to. It is new to me, although it does fit into an emerging pattern. While it is, of course, rightful of an employer to only consider EEA citizens for vacancies, this issue seems to go much deeper and appears to be based on legislation preventing employers from freely selecting international candidates. It reminds me of Australian law a few years ago. I am not aware what UK legislation this might be. Anyone have more information on this? What regulation/law is the basis for this?

[James.Dunlop]

It is not illegal to offer a migrant a job which extends beyond their visa expiry date, although the job would have to end (or be moved out of the UK) if the visa expired without being extended.

Saying 'we can only employ [overseas applicants] if we can provide evidence that there are no other suitable candidates for this vacancy from inside the EEA' is an accurate refletion of the rules applying to workers needing Tier 2 sponsorhip.

Lots of companies are fair, some discriminate in ways that are not legal, others follow policy which is to give local applicants 'first refusal' over those neededing sponsorship. Others may honestly misinterpret the law and so end up inadvertently discriminating in ways that are not legal. The 'no jobs beyond the expiry date of your visa' policy might come close to the latter category. You could try to discuss the matter

[cooltoy]

Thanks James

[b52]

hi,

Friend of mine want to apply for citizenship. He does not have criminal conviction. Back in 2009, police arrested him on fraud charges, they investigated case for 3 months and then dropped charges as there was no enough evidence .
With reference to home office AN form section 3.16 which states
"Have you ever engaged in any other activities which might indicate that you may not be considered a person of
good character? "

What should he fill here , Yes or No.

Please advise.
regards

[James.Dunlop]

Hi

Under UK law people are entitled to be regarded as innocent until and unless found guilty.

However, a truthful answer would appear to depend on what he did.

If he was guilty, but not not prosecuted, he might have to say 'Yes'

If he was innocent at all times, the fact is not altered by the fact he may have been arrested (possibly on the basis of mistaken information etc)

I hope this helps

Kind regards


James

[varghesejim]

Ina nut shell

• I have been with my current employer for 4 years this month.
• I began my employment on a one year fixed term contact.
• After 3 years I interviewed for a permanent post and successfully got it.
• I was then subsequently issued with a permanent contract.
• The organisation is now going through a structural review
• Its staff review policy is to priotise permanent members of staff and if there are any more posts, interview the fixed term staff.
• Another employee (immigrant) was offered a permanent position too but unlike me was now given a fixed term contract for a permanent post.
• Reason- he did not have an indefinite leave to remain visa(he is on Tier 1 general). HR claim that it is their policy not to offer permanent posts to immigrants on time restricted visas. Because of this policy, he will need to be interviewed after everybody else has been matched. ( leaving the crumbs for him to pick)

I would have fallen into this category if my contract was a fixed term contract. HR is now claiming that I was given a permanent contract in error, even though I applied for a permanent post.

• I have just been promoted into a new permanent post and HR intends to change my contract from fixed to Permanent. They are using this opportunity to vary my new contract
• My question is this- has anyone out there, interviewed for a permanent position and was given a fixed term post.

• HR claims it is illegal to offer Tier 1 general immigrants permanent contracts.Does this contravene any existing uk laws

• Has anyone worked in a company where immigrants on time restricted visas are prioritised last on training, opportunities based on their visas

I am also in fixed term contract. There is no real difference between FT and perm other than a secure feeling by the word "perm" if you dont plan to stay in the company real long . If you are planning to stay long term in a company to get benefits like super annuation, perm might be more beneficial.

[varghesejim]

sorry posted twice unknowingly

[lucyming]

He does not have criminal conviction.




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