AGCAS

Work permits - new ruling affects recruiters

Employers who reject job applications on the basis of the need to obtain a work permit could be acting illegally. AGCAS has obtained the view of a leading business immigration lawyer on the implications of the Osborne Clarke Services v Purohit case, which highlights the conflict between UK immigration law and employment law.

Philip Trott, Partner and Head of Immigration at Bates Wells & Braithwaite in London, outlined the ramifications of the case, which ruled that there was indirect discrimination on the grounds of race when an application from a non-EEA national was rejected.

There is a clear conflict in the points based system between the RLMT (resident labour market route), which allows employers to sponsor an immigrant only if no suitable resident workers are available, and the Osborne Clarke legal judgment.

AGCAS CEO, Margaret Dane, said: "AGCAS is pleased to be working with AGR on lobbying the UK Border Agency (UKBA) to clarify matters for employers, students and careers staff."

AGCAS members who have registered with this site and signed in can download Philip's report below.

• The case of Osborne Clarke Services v Purohit downloads

  • The ramifications of Osborne Clarke Services v Purohit (Locked)

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