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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am Nigerian in my earlier 20s educated in UK (School & University)

Customer Question

I am Nigerian in my earlier 20's educated in UK (School & University) All necessary qualifications to be in the UK. I recently obtained a job with Lloyds Bank starting today. When I arrived they said they could not employ because my Parents are not British. Surely this is not correct?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

So you have the legal right to work in the UK?

JACUSTOMER-ctmnvwq6- :

Yes he has

Ben Jones :

Did they provide more details on what law or regulation they are relying on to refuse employment?

JACUSTOMER-ctmnvwq6- :

not yet still trying to get more info

JACUSTOMER-ctmnvwq6- :

THEY JUST SAID IT WAS BECAUSE HIS PARENTS WERE NOT BRITISH

Ben Jones :

ok I will need to check what relevant rules govern that, I will get back to you on here once I have done this, you will get an email when I have repsonded

JACUSTOMER-ctmnvwq6- :

OK THANKS

Ben Jones :

I have checked the relevant rules and spoken to an Immigration lawyer colleague of mine and there is nothing to state that you cannot work in the UK if your parents are not British. Even if you are from outside the EU, if you have the formal right to work in the UK by holding the necessary permit or visa, you may get a job subject to any restrictions on your right to work that may have been imposed on you.

If you are rejected for a job due to your race then that could amount to race discrimination. Race not only includes colour, but also nationality and your ethnic background. So at first sight it could be potential discrimination.

However, the law does provide a defence to employers for discriminating on grounds of race if they can show that their actions were necessary due to a general occupational requirement (unlikely to apply here), or if this was required by law. Examples could include serving in the Armed forces or holding certain public function jobs, like being a minister, politician, etc.

Simply working in a bank may be difficult to justify so I would certainly advice that you press them for more details on their decision, what specific law or regulation they are relying on and depending on their answer – potentially push for race discrimination.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-ctmnvwq6- :

Bank are saying that since he wasn't born before 1983, even though he was born in UK and his parents are not UK citizens, he is not entitled to work in the UK even though he has his birth certificate showing he was born in the UK in 1987 and all education was done in d UK he can't work in d UK

That's apparently the Bank has said

Ben Jones :

ok so this is really an issue with the right to work but you said that he has the right to work in the UK - was this just an assumption on your part or have you checked formally to see if he is entitled to work in the UK?

JACUSTOMER-ctmnvwq6- :

Question is if somebody whose parents are not british but were married in the UK their child is born in the UK in 1987 has

JACUSTOMER-ctmnvwq6- :

Question is if somebody's parents who are not british citizens but marry in the UK. Their Child is born in UK in 1987 and lives in the U.K. went to School and University in U.K. do they have the right to work in the UK? If not why?

Ben Jones : This is about the right to abode in the UK given to Commonwealth citizens. They would have got the right to claim that had they been born on or before 31 Dec 1982. As he was not then he does not behave the automatic right to work in the UK regardless of education, etc and he must obtain a valid working permit before he becomes eligible for employment. This is explained here: http://www.ukba.homeoffice.gov.uk/britishcitizenship/right-of-abode/commonwealth/
Ben Jones : Has this clarified your position?

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