Equality Focus

Europe and the Age Factor
The findings of a recent survey conducted by the European Union into levels of discrimination in the EU have now been published.  The purpose of the survey was to measure the extent to which the economic crisis may hamper the implementation of anti-discrimination policies and to provide insight into discrimination and equality in the EU.

The results revealed that whilst 61% of Europeans still consider discrimination on the grounds of ethnic origin to be the most widespread discrimination in Europe, this is now closely followed by age discrimination.  58% of Europeans, an increase of 16% on 2008 figures, now consider discrimination on the grounds of age to be widespread.  Almost half of Europeans consider that a candidate's age could be a disadvantage in the workplace and more Europeans said that they had personally suffered age discrimination than any other kind of discrimination.  The survey also revealed that more people would be comfortable with a 29 year old Prime Minister than a 76 year old one!

Comment
The survey concludes that the majority of Europeans believe discrimination in the labour market, particularly on the grounds of age, will increase as a result of the global economic crisis.  This may lead to more claims, so employers should ensure that both their recruitment and their retirement procedures are age discrimination proof.

To read all 228 pages of the survey click here.

News (Immigration Special)

Update on the points based system one year on
The 5 tier points based system opened for applications a year ago and since then a number of changes have been introduced to the immigration system with further developments on the horizon. 

Last week, the Government approved the Migration Advisory Committee's revised shortage occupation list and proposed an overhaul of immigration law by publishing a new draft Immigration Bill (see below). 

In any event, prior to any more extensive overhaul, further changes to the sponsorship regime are likely, including:-

• extending the 6 month requirement for an employee to have worked for a company under Tier 2 (Intra-company Transfers) to 12 months; and

• a provision introducing work permits for interns/summer students (as existed under the old regime). 

Employers need to be aware that the obligation to monitor and police immigration is essentially put on them, and that they may be at risk of fines; downgrading from A rating licence holder to B rating; or withdrawal of licence for failure to comply with their immigration obligations. Imprisonment is also a potential penalty, for "knowingly employing" someone without permission to work in the UK.

Every 12 months employers need to check workers who have limited permission to ensure they are still allowed to work and remain in the UK.  They also need to retain up-to-date contact details for such workers. Consider whether employment contracts should be amended to facilitate this, so that an obligation is placed upon the relevant employee to provide their passport to HR every 12 months and to inform employers as soon as their contact details change. 

Please contact us for details of training on employers' duties and audits to ensure that the necessary systems are in place for when the UK Border Agency pay sponsorship licence holders a compliance visit. 

Further changes to immigration law
Just when employers were starting to get to grips with the five tier points-based immigration system, the Home Office has announced further proposals in the form of the draft Immigration Bill 2009.  The aim of the proposed new rules is to further tighten Britain's border controls.  The draft Immigration Bill will replace the five current application categories available to migrants (which have only been in place since 2008) with one "clear concept" – permission to be in the United Kingdom. 

Under the new concept, (which some would say is not clear at the moment!) migrants will either be granted permission or refused and, if they are granted permission, they will be given temporary, time-limited permission for a particular purpose to work, visit or study.  The permission will be subject to conditions such as access to work or public funds.  The Home Office has launched a consultation paper (available here) on the Bill and on simplifying immigration rules which gives more detail as to how the "work" category of temporary migrant will be broken down.  It appears that similar categories will be in place as currently exist, i.e. highly skilled work, skilled work with a job offer and family member of someone here to work.

Comment
One of the main aims of the Home Office's reform of immigration law appears to be to simplify the rules and guidance.  While this will be welcomed by employers, further changes to the work permission categories may only serve to cause further confusion.  We will keep you updated with any further developments.

Recent Cases

Belief in psychic investigations covered by religious discrimination legislation
Power v Greater Manchester Police
Following on from the landmark "green warrior" case we reported on last week, a different Tribunal has ruled that a police trainer with Spiritualist views is also covered by the Employment Equality (Religion or Belief) Regulations 2003.

The employee alleges that he was forced out of his job because of his belief that psychics can contact people after their death and help in the investigation of crime.  In ruling that the employee is able to proceed with his claim the Judge stated, "I am satisfied that the claimant's beliefs that there is life after death and that the dead can be contacted through mediums are worthy of respect in a democratic society and have sufficient cogency, seriousness, cohesion and importance to fall into the category of a philosophical belief for the purpose of the 2003 Regulations."  Unsurprisingly, Greater Manchester Police are appealing the decision and we wait with interest to see how the EAT will rule in what is becoming an increasingly interesting area of the law.  We will keep you updated!