Job Ad says 'workers must speak Polish'

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'Forza AW director Max Hilliard told the Mail on Sunday he was unaware of the "must speak Polish" clause and the advert was a mistake due to a breakdown in communications between his firm and OSR Recruitment.'
Was that because the Recruitment agency staff speak English and all your staff speak Polish?

The Government's equality watchdog has said it will write to a major sliced meat manufacturer over allegations of discrimination against British job seekers after the firm advertised for workers who "must speak Polish".

Forza AW, which supplies Asda, reportedly emailed out an advert for ongoing factory work on its East Anglia production line via employment agency OSR Recruitment which read: "Applicants must speak Polish. Please call asap!!"

According to the Mail on Sunday, one British job seeker who phoned OSR to inquire about work was first asked if he was Polish and then told: "Actually, you have to be fluent because the health and safety training is all done in Polish."

Neil Kinghan, director general of the Equality and Human Rights Commission said: "Any refusal to register an applicant because of their nationality is unlawful under the Race Relations Act.

"The commission will be writing to Forza AW this week to ask it to respond to the allegations made against the company and to confirm that it will comply with the Race Relations Act and not discriminate against British, or any other workers on the grounds of their nationality."

The news comes after the EHRC published an official inquiry this weekend which showed how agency and migrant workers employed by meat and poultry firms suffer "mistreatment and exploitation".

An EHRC spokesman said: "The commission is concerned that current recruitment practices may be discriminatory in that they indirectly block British workers from getting jobs in the industry. The commission will review action taken over the next 12 months by supermarkets, processing firms and recruitment agencies, and will consider taking enforcement action if necessary."

Forza AW director Max Hilliard told the Mail on Sunday he was unaware of the "must speak Polish" clause and the advert was a mistake due to a breakdown in communications between his firm and OSR Recruitment.

He said "chaos" following a fire where the factory is normally based in Cleckheaton, West Yorkshire, meant the advert was not properly vetted.

He added: "We employ many English workers as well as Poles and Lithuanians, though I can't give you exact figures, and I assure you categorically that all our training and health and safety briefings are conducted in English, Polish or whatever the employee speaks. We would never turn down an English person for a job on the basis that they didn't speak Polish or any other language."
http://uk.news.yahoo.com/21/20100314/tuk-ad-says-workers-must-speak-polish-6323e80.html
 
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how is it discrimination against british seeking workers?
it doesn't say they have to be polish, just speak it..
My uncle isn't greek but he speaks it fluently, most of us learn some french in school etc..

I dare say there are a few polish speaking brit's out there looking for work ( though most of them by now have pretty secure jobs in council jobs, translating for all the bloody asylum speakers I'm sure.. )

It's no more discriminating than an advert asking for qualified electricians or plumbers..
 
The main reason I can see Col is, the job doesn't seem to require the 'use' of the Polish language in the work place. They stated to the applicant in the OP: "Actually, you have to be fluent because the health and safety training is all done in Polish." So why can't the H&S training be delivered in English as well?

If this was a job for a Polish translator then obviously being fluent in Polish would be a requirement of the role but (based on the limited info), I can't see where the employees would need to be able to speak Polish to 'do the job' in this case.
 
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a totally legal method of circumventing legislation. if a company wishes to conduct interviews and training in a non-english language, it can. that's why the ad is phrased exactly the way it is. it's not cricket, but it's legal.
 
a totally legal method of circumventing legislation. if a company wishes to conduct interviews and training in a non-english language, it can. that's why the ad is phrased exactly the way it is. it's not cricket, but it's legal.
That would not stand up in a tribunal and/or court of law. A company CANNOT discriminate against someone because they are 'English speaking'. This company placed a requirement for the person to be 'Polish Speaking', indeed, they had to be 'fluent'. The 1976 Race Relations Act states that 'unless there is a genuine need for a worker to speak a particular language it is against the law to require that they should do so as a condition of employing them.' Now the information we have above is limited but I can't see any reason (other than they only deliver their training in Polish), for a person to be 'Polish Speaking'. Restricting employment to people from one ethnic or national group is illegal unless the job can only be done by someone in that group such as a role that requires cultural sensitivities. Or it could mean using a black actor for a black role. Discrimination is illegal whether or not it is deliberate, what counts is whether (as a result of an employer's actions), you are treated unfavourably because of your race.
 
so then every single job advertised out there is illegal if no-one at the company speaks swaheli as that then means that any swaheli speaking applicant's can't apply because the H&S and other insctructions will not be available in their language..
 
the key phrase was 'circumventing legislation'. if an employer only offers interviews/training in one language and an applicant doesn't speak that language, the result is obvious.
if i offered interviews in English and a non-English speaker applied, same result. no laws broken.
in France, if you don't speak fluent French you just will not get the job. virtually guaranteed.
 
so then every single job advertised out there is illegal if no-one at the company speaks swaheli as that then means that any swaheli speaking applicant's can't apply because the H&S and other insctructions will not be available in their language..
No. You 'could' as an employer, have H&S instructions etc written in whatever language you wish to argue about.

Indirect discrimination occurs when: 'a regulation, requirement and/or practice applies to everyone in a certain situation but has the effect of creating an unfair disadvantage for a particular racial, ethnic or national group. For example, if a requirement of a job is to be able to write in fluent English but the job does not actually involve any writing.'
 
if you only conduct interviews in one language, which you may do out of choice, non-speakers will fail the interview. there is no obligation on employers to provide multi-language interviews.
the OPs post quote said 'applicants must speak Polish'. at that stage you are not an employee and no discrimination has taken place..

circumvention.....
 
if you only conduct interviews in one language, which you may do out of choice, non-speakers will fail the interview. there is no obligation on employers to provide multi-language interviews.
the OPs post quote said 'applicants must speak Polish'. at that stage you are not an employee and no discrimination has taken place..

circumvention.....
There is no qualifying period of service required under the Race Discrimination Act, so a 'worker' is protected from the time they apply for a job.
 
What about a Polish teacher? That is, a person delivering teaching of the Polish language.

Must they speak Polish? :cool:
 
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