Can you only employ White Native English workers?

Question

Can you avoid the rest by saying you took the better person on at the interview?

Can you decline to undertake building work to anyone who is not White Native English without getting into trouble?

Local builder at the pub wants to know.

He has done a risk assessment and finds that 99% of immigrant applicants would be a SEVERE danger on site due to their poor communication problems and the other 1% are women who are too weak to carry lots of bricks up ladders, again, another hazard. He wonders if the H&S law contradicts your answers. (I just phoned him a minute ago)

Answer 1

No you cannot as it would be "discrimination" and is against the law, however you are not obliged to employ a white person, no matter how good he or she is, thats called "positive discrimination" and is not against the law.

The general consensus is, even backed up by the moronic answers in here, is that if an immigrant is crap at their job and does not have the right skills, you MUST still employ them over someone who has the skills and ability to do the job.

Sucks to be white, huh?

Personally if someone has a communication problem regardless of skin colour then they are a H&S "risk" for which the company could be liable.

No one should be bullied or harrassed or have the race card thrown at them for using common sense, but this is the liberal left way so common sense goes out of the window where they are concerned.

And stupid pathetic answers like =) posted is the very rerason why employment law is like a minefield.

I would ask them to check out or even ring someone with a great deal of EL knowlege, if a risk assesment has been done and it is only the communication that is the problem then they should be ok, if it is based on skin colour then expect the numpties in the EL like the prats on here to come down hard with their double standards.

Answer 2

There are two questions here. One is the ignorant one, which is, can we hire only whites. The answer to that, which would be clear to even an especially thick four-year-old child is no, the law prohibits discrimination based on race.
The other question here, which actually makes sense is, can we refuse to hire people who do not speak good English, in light of our risk assessment survey which shows that their lack of ability to communicate will make the workplace less safe. Well, now, there's the difference. If they can't speak English, and communication is a necessary part of the job, then you're not rejecting them for not being white. You're rejecting them because they have not met the job requirements.
The mistake you seem to be making is in seeing a brown face and assuming that they don't speak English. If they are fluent, then their national origin, or lack-of-whiteness, is irrelevant.
Also, if a woman applies, you'll have to ask her to carry bricks or whatever it is she would need to do. Same thing. If she can't do it, then she does not meet job requirements. But you can't just assume all women are too weak. Some could do it.

Answer 3

Yes.

You can however insist that your workers are physically able to do the job, as well as being able to communicate. If that results in an all white 'native' workforce, then fine. However choosing people just because they are white 'natives' is wrong as there are many non-white UK natives who are able to speak good English.

Answer 4

Employment discrimination on the basis of race, colour, national origin etc, is against the law.

Why would the local builder not want to hire a black or Hispanic worker whose grandparents were born in the US?

What would be wrong with a French or German guy who can't speak English?

It sounds like your pub pal is already skirting the law. I hope he gets caught, and sued into bankruptcy.

Unless, of course, your are asking this question on your own behalf.

Answer 5

Well it is illegal to discriminate someone on the grounds of their race, but a person applying for a job would have to prove they were discriminated against because of their race, which can sometimes be difficult.

Answer 6

You can employ anyone you like but you can not refuse on race or religious grounds if you want to employ whites only then you are free to do so just don't mention colour or religion

Answer 7

Only if the employer could prove that those kind of people were the only ones who could perform the job duties of the position. I think it would be okay to say that only citizens or legal immigrants will be considered for the position.

Answer 8

Often, the answer is YES. That isn't always true, and what it really will come down to are the records that are kept by the employer of each applicant, etc.

Answer 9

No you can't. Like it or not its against the law to discriminate on grounds of sex, race, colour, nationality (including citizenship) or ethnic or national origin.

http://www.dti.gov.uk/employment/discrimination/index.html

http://www.oneworkplace.co.uk/oneworkplace/423.200.211.html

http://www.scre.ac.uk/rie/nl70/nl70hamilton.html

Answer 10

I didn't know Hitler was still alive and had a pub. It would discriminatory and very stupid of him. He would eventually be caught and would have to face charges in court.

The correct thing to do is to higher those are qualified to work and who have all there required paperwork, and are legally able to work in the US.