Can we be sued for discrimination on grounds of nationality, because we have refused to confirm the contract of a Yugoslavian refugee?
Once refugee status has been granted, an individual has the same social and economic rights as a UK citizen, including full access to employment. So your refugee is entitled to the protection of UK employment legislation. Discrimination is unlawful if it is on racial grounds, but racial grounds are defined under the Race Relations Act as any of the following: · colour; · race; · nationality; · ethnic or national origins. If you are refusing to confirm the Yugoslavian’s contract on the grounds of nationality, you are at risk of a charge of discrimination; but if it is for other reasons it will not be discriminatory. If there are conduct or performance issues, however, a fair procedure should be followed. That procedure must be equivalent to (or better than) the new statutory minimum requirements (see Discipline and grievance). Otherwise (provided that the service qualification has been met), there will be a finding of automatic unfair dismissal in the Employment Tribunal. Top 13. Can we
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