Topic 3 Scenario 3

A company offers its existing employees the chance to apply for an internal job opening. Only employees with degrees obtained from UK universities may apply. This would exclude people who gained their degree in another country from applying for the role. Mr J is a very skilled employee who obtained his degree in a Greek University; therefore Mr. J cannot apply for the wished internal job. The internal workers labour union warned the employer of the risk of indirect discrimination.

In your opinion, is this really a case of discrimination?

If so, is it direct or indirect?

Why? 

This may be a case of indirect discrimination, though in this case the employer may have justifiable reasons for adopting the policy. For example, it may be difficult or impractical for the company to verify the quality and relevance of non-UK qualifications.

What would you do if you were a member of the internal workers labour union?

Answer:

I would suggest to the company to take a proactive approach specifying the reasons of the restriction in order to reduce the risk of unlawful discrimination.

What would you do if you were the employee Mr J?

Possible answer:

I would speak with my principal asking him the reasons of the restriction and if I don’t consider the matter addressed, I may make a claim to the tribunal for unlawful discrimination.

Activity

Questions: Please reflect on the cases discussed again.

What lessons have we learnt from our experiences in dealing with people who are subject to discrimination?