What's the score when a company sponsors an individual for a work permit, then 18 months later is in a redundancy situation. Should the Work Permit holder be considered as a normal EC citizen in carrying out selection, or should consideration be given to the fact that if retained the Work Permit holder is stopping an EC citizen from remaining in the job?
Your comments or experiences welcome.
Andrea Stenhouse
Andrea Stenhouse
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It seems to me that you should treat the individual as a normal EC citizen when carrying out the selection, especially if they are on the same t&cs as their peers (save for the work permit). Whilst final selection is entirely dependent on the selection criteria and its application, if the Work Permit holder is selected purely because he/she has a work permit you may leave yourself open to claims of unfair dismissal and/or discrimination.
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