The Student Room Group

Possible Job Application Discrimination.

I saw one of my friends from the US applying for a position for a job in the uk as a tutor for a company teaching children parts of the curriculum.

She has been working in the UK as a supply teacher and exam marker for a long time.

She was rejected based on the fact that she is from the US and apparently there clients prefere Tutors from the UK to teach the children. (I read the email and it does say this.) They even go on to say they are opening a US division and she would be good for it if she wanted it but she is now living in the uk.

Would this be considered discrimination based on nationality. I know certain racial characteristics are protected by does this extend to nationality. I looked at the Citizens Advice Bureau but couldn't find a definitive answer?
Reply 1
Nationality is not a protected characteristic is it? Most jobs discriminate on it though, especially when visas are involved and if she would need to be sponsored or anything.

That being said if she has the legal right to work here and they said no simply because of her origin then that would probably be cause to invite a lawyer to threaten them.
Reply 2
Original post by Napp
Nationality is not a protected characteristic is it? Most jobs discriminate on it though, especially when visas are involved and if she would need to be sponsored or anything.

That being said if she has the legal right to work here and they said no simply because of her origin then that would probably be cause to invite a lawyer to threaten them.

She does have Visa rights as she has been here for 18 years working already for some of the exam boards.

The email said they the clients prefer uk tutors to teach uk students as they the clients feel more comfortable as it's a uk syllabus (which is weird into as shes been marking the uk syllabus for years lol) with the ability to show what grades they got from whichever uk institution they went to.
Reply 3
Original post by Guru Jason
She does have Visa rights as she has been here for 18 years working already for some of the exam boards.

The email said they the clients prefer uk tutors to teach uk students as they the clients feel more comfortable as it's a uk syllabus (which is weird into as shes been marking the uk syllabus for years lol) with the ability to show what grades they got from whichever uk institution they went to.

Yeah that seems a bit beyond the pale then, cant say whether its illegal not being a lawyer but it certainly smells like its iffy, at best. A politely worded letter with the words 'legal proceedings', 'discrimination' and 'lawyers' should make them sing a different tune :lol:
Reply 4
after 18 years in the UK she has 'visa rights' or she has permanent residency?

you can't switch to a new employer under a Tier 2 work visa - you need a brand new visa for each employer because it's the employer themselves that must sponsor you. i fail to believe tho after 18 years in the UK your friend hasn't applied and been granted at least PR?

to echo the above, nationality in itself is not a protected characteristic; otherwise anyone from anywhere around the world would have to be 'treated equally' to a UK resident for the purposes of UK employment. discrimination also isn't as cut and dry as it may seem and employers are allowed to discriminate if they can show it is a proportionate means of achieving a legitimate aim. as this employer suggested she apply for the US division i think it might be tough to show she was discriminated against (would a UK citizen be advised to teach the US division?). but i'm not a solicitor and maybe your friend should contact one for a free 30 minute consultation.
Reply 5
Original post by Joleee
after 18 years in the UK she has 'visa rights' or she has permanent residency?

you can't switch to a new employer under a Tier 2 work visa - you need a brand new visa for each employer because it's the employer themselves that must sponsor you. i fail to believe tho after 18 years in the UK your friend hasn't applied and been granted at least PR?

to echo the above, nationality in itself is not a protected characteristic; otherwise anyone from anywhere around the world would have to be 'treated equally' to a UK resident for the purposes of UK employment. discrimination also isn't as cut and dry as it may seem and employers are allowed to discriminate if they can show it is a proportionate means of achieving a legitimate aim. as this employer suggested she apply for the US division i think it might be tough to show she was discriminated against (would a UK citizen be advised to teach the US division?). but i'm not a solicitor and maybe your friend should contact one for a free 30 minute consultation.

I assume residency. I've never actually asked the question. I just knew she was working here for 18 years.
Reply 6
I had to give up my studies. From 2011, I first worked as a kitchen porter.
It turns out that I can't find anything else despite my experience and skills.
I applied for regular jobs such as housekeeper, security, carer, prison job, or cartaker. All of these applications are and have been rejected for some reason.
Not everyone is suitable for construction work or heavy physical work. unfortuantely, it turns out that there is no job for me in the UK. is it bacuse of my nationality? no ide it's reall hard to say.
(edited 1 month ago)

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