Equality Act 2010: main provisions come into force 01 October
The Government Equalities Office announces “the vast majority” of the Act applies from the first wave of implementation.
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From 2010 all jobs will have to be advertised in Jobcentre Plus for at least four weeks before employers can offer the role to staff from outside Europe. At present, companies only have to advertise in the UK for two weeks.
Susan Mayall, employment specialist at Pearson Hinchliffe Commercial Law commented: “It is clear from the move that it is intended that British workers have an advantage over their foreign counterparts in that they will get first crack at these skilled jobs, and also have longer to apply.”
Alongside the new criteria, overseas workers wishing to transfer to the UK division of their company will need to have worked for that company for a year, rather than the current six months, prior to any move.
The home secretary, Alan Johnson, accepted all 16 recommendations made by the Migration Advisory Committee to make it more difficult for skilled foreign workers to take jobs in the UK under the points based system.
Mr Johnson said: "These changes will ensure that businesses can recruit the skilled foreign workers that the economy needs, but not at the expense of British workers, nor as a cheaper alternative to investing in the skills of the existing workforce."
In another move, the minimum salary an employer must offer anyone entering the UK as a skilled worker will go up from £17,000 a year to £20,000.
Ms. Mayall added: “The new rules are part of a bid to tighten up the rules concerning migrant workers to the UK in response to economic changes, by manipulating the points based system. No doubt the Government wants to avoid disputes such as the one at the Lindsey oil refinery in Lincolnshire earlier this year.”
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