Overseas applications

Applications from non-EEA nationals may seem to be more trouble than they are worth, given the possible difficulties of obtaining that necessary work permits. However, a policy of not considering them at all risks falling foul of anti-discrimination laws.

In a case involving the appointment of trainee solicitors (Osborne, Clarke services v Purohit), a firm that had just that policy, was found to be indirectly discriminating on grounds of race. Mr Purohit was an Indian, well-qualified, who applied for a training contract. The firm had a policy of not considering non-EEA nationals. It was held that this was a 'provision criterion or practice' which had a disproportionate effect on people of the race that Mr Purohit was a member of.