New recruitment search requirements

The Employers Equality (Age) Regulations 2006 were introduced on 1 October 2006 . In response to customer enquiries, this website notice seeks to clarify Work Permit (UK)’s requirements where a recruitment search by employers is appropriate to confirm that the job for which a work permit is being applied cannot be filled by a resident worker.

From 2 April 2007 , an addition to the current paragraph 51 of the Business and Commercial Employer Guidance notes will be made and read:

‘Advertisements provided in support of work permit applications submitted after 30 April 2007 will be assessed under the following new guidance, irrespective of the date the advertisement itself was placed.

Your job advertisement must include the skills, qualifications or experience needed. You should also normally include:

• the main duties and responsibilities of the job;
• the location of the job;
• an indication of the salary or salary range;
• the closing date for applications; and
• the name and address of the employer (but see current paragraph 56 on the use of an agency).

A work permit will fall for refusal where you have refused to employ a resident worker solely because of a lack of qualifications, experience or skills (including language skills) that were not specifically requested in the job advertisement ‘

This paragraph will supersede the current paragraph and should be read in conjunction with all guidance under the heading 'Recruitment Search’.

It will also supersede the current paragraph 23 of the Sports and Entertainments employer guidance notes.