3rd November 2016

Employers' recruitment practices and attitudes to employing UK-born and foreign-born workers

Received from the Equality and Human Rights Commission 

View full letter here 

Based on our research, we have identified a check-list of seven important requirements which will help employers avoid discriminatory recruitment practices:

1. Employers must offer the same pay rates and employment contract to workers performing the same job roles, regardless of whether they are born inside or outside the UK.
2. Where there is a genuine requirement for the role, employers should advertise for ‘fluent English speakers’ rather than ‘English as a first or native language’. This will ensure people with the necessary language abilities can apply for the role regardless of their nationality.
3. Employers must not advertise jobs in Britain exclusively in a foreign language unless the ability to speak a language is a genuine requirement of the job. Where it is a requirement, it is good practice to also advertise in English so that all applicants know that speaking the language is a requirement.
4. It is almost always unlawful for employers to advertise jobs in Britain exclusively abroad. Where the employer believes there is a skills shortage for a role, they can advertise both in the UK and abroad.
5. Employers need to check that all job applicants have the right to work in the UK before employing them, regardless of whether they are foreign-born or UK-born.
6. Employers cannot have a quota for the number of foreign-born or UK born workers they employ. Having a quota may result in unlawful discrimination against applicants because of their nationality. Employers need to ensure a fair selection process where candidates are assessed on merit.
7. Employers must ensure that they do not offer preferential treatment to their workers based on their nationality.

I should be grateful if you would draw these requirements to the attention of you members. The Commission has also produced guidance to help people advertise lawfully under the Equality Act 2010.

To read the full report, including our findings about the attitudes and practices of employers and recruitment agencies towards UK-born and British workers, please access the report here.

Yours sincerely

David Isaac
Chair