We have been asked whether a company can reject a job applicant from another EU member state on the basis that they could lose their right to work here following Brexit.
No you can't. Until the terms of Brexit are put in place the rejection of a candidate (or any detrimental treatment of an employee) on this basis will count as unlawful discrimination on the grounds of Nationality.
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AuthorNews and (we think) useful advice from Duncan Elliott, Archives
July 2021
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