Job Ad says 'workers must speak Polish'

Discussion in 'General Discussion' started by Blasphemous, 14 Mar 2010.

  1. Blasphemous

    Blasphemous

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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?

    http://uk.news.yahoo.com/21/20100314/tuk-ad-says-workers-must-speak-polish-6323e80.html
     
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  3. ColJack

    ColJack

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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..
     
  4. Blasphemous

    Blasphemous

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    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.
     
  5. Stivino

    Stivino

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    Dzień dobry.
    Do widzenia.
    Have I got the job?
     
  6. conny

    conny

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    Good day to you to sir, will I see you later?
     
  7. lifesagasman

    lifesagasman

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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.
     
  8. Blasphemous

    Blasphemous

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    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.
     
  9. ColJack

    ColJack

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    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..
     
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  11. lifesagasman

    lifesagasman

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    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.
     
  12. Blasphemous

    Blasphemous

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    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.'
     
  13. lifesagasman

    lifesagasman

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    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.....
     
  14. Blasphemous

    Blasphemous

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    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.
     
  15. Steve

    Steve

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    What about a Polish teacher? That is, a person delivering teaching of the Polish language.

    Must they speak Polish? :cool:
     
  16. tim west

    tim west

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    I think you need to clear offski :D
     
  17. ColJack

    ColJack

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    or a translator for the benefits office?
     
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