Commentary

(6) Complication (2): race discrimination

Division AII Contract of Employment
| Commentary

(6) Complication (2): race discrimination

| Commentary

(6)     Complication (2): race discrimination

As soon as the employer is made responsible for operating the immigration restrictions on taking employment there arises a potential problem of race discrimination if the system is operated only in relation to those whom the employer suspects as needing permission to work in this country. The obvious danger would be if checks were operated only on those thought obviously to come within that category, based on assumptions about colour, ethnicity, religion or even just dress. In a multi-cultural society such assumptions are likely to be inaccurate, but of more significance legally they may well lay the employer open to race discrimination claims. To counter this possibility, the Home Office published a second Code of Practice entitled 'Avoiding Unlawful Discrimination while Preventing Illegal Working'; this was updated in

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