If any persons reading this believe they have been replaced by Tier 2 workers on the Scottish Government SAF Project and would be interested in a joint tribunal action against all the organisations involved and also against individually named managers then please get in touch before the end of April 2015
To do this please follow us on Twitter and send us a Direct Message on Twitter at https://twitter.com/ScotsFarmer
If a worker is discriminated against in favour of a cheaper Tier 2 recruit who has been brought in to replace them (which would be a breach of the Resident Worker Test) then there appears to be a clear case of Racial Discrimination which can be brought against the employer(s) and every individual manager involved in the process.
Discrimination is a protected characteristic which means that all workers can make a claim, not just employees.
There are also a number of other protected characteristics than can be applied to individual cases
HOME OFFICE – POLICY EQUALITY STATEMENT (PES)
This PES has been prepared to accompany the Statement of Changes to the Immigration Rules laid on 15 March. The impacts of the changes will, by necessity, be kept under review to ensure that no adverse equality issues arise as a result of the application of these changes.
Public sector equality duty
The Equality Duty, introduced by Section 149 of the Equality Act 2010, requires public bodies to have due regard to the need to:
eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010;
advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and
foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The Equality Duty covers the following protected characteristics: age; disability; gender reassignment; pregnancy and maternity; race (including ethnic or national origins, colour or nationality); religion or belief; sex; and sexual orientation.