How to ask about work permits without causing offence

[Aphrabehn]

We've had an application for a skilled job from a foreign sounding lady (she's been working in the UK for the past three years but unclear before that). We'd like to interview her but don't want to cause offence - or discrimination legal problems.

How do we ask her whether she has permission to work in the UK, not a time limited visa etc......

[simon_harris]

You do exactly that, just ask. Perfectly reasonable question to ask IMV

or you could ask nationality and let the response to that lead the question.

[parabolica]

Perfectly legal to ask someone to confirm their right to work status before considering them for a job (and a legal requirement before commencing employment).

Just ask them directly; if they would require you to sponsor them to work you are permitted to discount them without issue.

[573]

It should be a question you ask everybody, ergo it's not offensive or discriminatory.

The flip-side to your concern is that you don't ask someone because you make assumptions about their background and presume they do have legal status to work here. Ask everyone, make it part of your process: problem no longer exists.

[E63eeeeee...]

It's a legal requirement to check every employee has the right to work.

https://www.gov.uk/check-job-applicant-right-to-wo...

Note the bit about sponsor licences.

[TonyRPH]

I see a lot of jobs advertised with a clause stating that you must be eligible to work in the UK (or similar wording).

I don't see what the issue is here but OP, perhaps you should have included such a clause in your job spec?

[Ken_Code]

Aphrabehn said:

We've had an application for a skilled job from a foreign sounding lady (she's been working in the UK for the past three years but unclear before that). We'd like to interview her but don't want to cause offence - or discrimination legal problems.

How do we ask her whether she has permission to work in the UK, not a time limited visa etc......

You should have been asking every applicant that.

If you are for some bizarre reason only asking it of people who are “foreign sounding” then you are of course illegally discriminating.

[captain_cynic]

simon_harris said:

You do exactly that, just ask. Perfectly reasonable question to ask IMV

or you could ask nationality and let the response to that lead the question.

Yes to the first, no to the second.

Just give them a call and ask if they've rights to work in the UK. If they do they'll give you the deets. they're probably used to it. If they get offended you've dodged a bullet with a single phone call.

However I'd avoid prying into their nationality unless international travel is a big part of the job. If they volunteer up this information that's fine.

Remember that someone can have full UK residency and work rights yet still not be eligible for a UK passport (Indefinite Leave to Remain for one example).

Edited by captain_cynic on Wednesday 19th June 12:25

[C4ME]

You said you would like to interview her. Why don’t you just do that and take it from there.

[573]

Because that's a complete waste of everyone's time if she can't legally work here?

Get the admin out of the way first.

[C4ME]

And yet you are dismissing someone you have already identified as being a candidate for a skilled position for the sake of an interview. She might be perfect and she will either be able to work under her existing status or you might want to sponsor. Even if it is a no go, she will be a useful benchmark against which to evaluate other candidates.

Look at the situation as an opportunity instead of as a hassle.

Edited by C4ME on Wednesday 19th June 12:46

[573]

Tell me you've not had to interview many people for positions without telling me you've not had to interview many people for positions...

You do you though, crack on and waste your time on someone that you possibly can't employ because their legal status prevents it.

[Ken_Code]

If you want to understand why only asking “foreign” sounding people about their right to live and work in the UK may be illegal then consider the reasonably analogous situation of only asking black applicants if they have a criminal record.

Edited by Ken_Code on Wednesday 19th June 14:39

[otolith]

Ken_Code said:

You should have been asking every applicant that.

If you are for some bizarre reason only asking it of people who are “foreign sounding” then you are of course illegally discriminating.

^^ this.

We had to turn down a really excellent candidate once because she didn't have permission to work. UK educated, first class degree from a good university, but some irregularity with her mother's immigration status had messed up her own. I hated it, but there's nothing you can do.

[s p a c e m a n]

I'm a white, blatantly English person and I've been asked to prove my eligibility to work in the UK at every interview I've had in the past couple decades. My current employer asks me to prove it every year because they ask every employee, along with proof of driving licence and asking for medical updates.

[C4ME]

There is no dispute over the fact that before someone is employed the correct right to work process has to be followed by any employing company. The question is when is the question asked. It is becoming more common with electronic applications for it to be automatically one of the questions you answer as part of the online application.

My comments on this particular instance is the question was not asked in the application process. Therefore there is now a choice to whether to ask before or during the face to face interview. I have pointed out there can be a benefit to not asking before and others have pointed out the downside. IMO each company has unique circumstances and we do not know from the OP how big the company is, how specialized the role is and how many applicants they have had. The lady in question has taken a conscious decision to apply knowing her own circumstances.

KC has correctly pointed out if you are going to ask before the interview then you have to ask all not just those sounding foreign.

Edited by C4ME on Wednesday 19th June 16:10

[Octoposse]

As most of the above replies - ask everyone, as you are required so to do.

Tick box on the application, then successful candidate has to prove it prior to start date.

[Ussrcossack]

we have the question on the application form and they need to bring documents to interview.

This applies to all

[Mortarboard]

I've worked internationally.

Anyone with permission to work won't take offense at the question!

M.

[CoupeKid]

I was asked for a scan of my passport this week ahead of an interview and I'm clearly British. No offence taken. It's standard procedure for proof of ID necessary for screening.