To have been “racially” profiled by HR

[Donotfitin]

I don’t have a British name (like at all), so HR assumed I needed a right to work code, so asked for one, rather than asking if I was a citizen or not.

As a UK citizen I only need to provide my passport, so the whole thing took me completely by surprise!

Its the first time in my whole life that it was assumed that I wasn’t a citizen. I’ve

I was a recruiter a few years ago and it was policy to ask every single candidate we onboarded for their right to work. We would ask from a checklist of potential documents that would give the candidates the right to work.

Which is not what, or how, OP was asked.

😂😂😂😂

But in your case (assuming you're British) you will not have a share code.

"It’s just a box to tick."

No it isn't, it only applies to people who are not British or Irish citizens. British and Irish citizens cannot get a share code.

Also, those with indefinite leave to remain can choose to get a share code but can also show their passport if it has an indefinite leave to remain certificate in it.

Similar things happen to me quite often (I also have a non-British first name and surname). Unfortunately there are as many xenophobes out there as there are people who missed the point of the thread.

I see what you mean. Every job I've ever applied for has asked me to provide 'proof of my right to work in the UK.' It has never jumped straight to one of the options of proofs. I have a "British" sounding name and I'm not a citizen! (I do have right to work and one of those codes)
Surely that has to be dodgey, because then they'd waste time correcting it in the case of citizens like you.

Some of the pretzels on this thread will be exactly the folks whose vocabularies are littered with words like - snowflakes, liberal, woke... when instead of trying to reduce someone's focus, they could do with enhancing theirs, and not make absolute idiots of themselves.

John Smith could very well be a black Jamaican (or any other Caribbean country or American, or Canadian), so nothing can be assumed by the name. It sounds to me like a ligitimate check on right to work. Don’t overthink it, OP.

It sounds like they jumped to conclusions, I wouldn't say much other than - "I have a British passport - will that do? and leave it at that. The last thing I would be doing during a job application process is making HR believe I think they are racist - I doubt that would help the process much.

"I couldn't say whether it's racism or incompetence at the root of this. It's certainly one or the other."

I agree, this is what it comes down to. Conspiracy or cock-up.

We here won't be able to tell and, I suspect, the OP won't know better until she raises it with the company.

Not justifying the assumptions, was just querying whether there were other contextual factors that make this non-discriminatory and just stupidity/naivety on the part of a very junior HR trainee. Half my family are CIPD trained, so I know that this sort of mishandling of data and clumsy questioning should not happen, but I was just suggesting it might not be ‘racial profiling’ - just incorrect inferences from CV data.

It could just be a misinformed HR person thinking everyone has to be asked for a share code to prove their right to work. I know I had to read the advice several times to understand what I was meant to be asking people for.

Yes, that was definite profiling.... Ugh!
Im sorry for you having to experience that.....

If you are in a union, i would raise it with them.
Id be tempted to send a further email saying you understand fully that employers are required to carry out a right to work check and are happy to provide the necessary evidence. However, their manner of doing so apoears to be in breach of the Equality Act 2010, and that is particularly concerning given HRs role. Then i would direct them to the legislation and what it says....

Source:
https://www.gov.uk/government/publications/right-to-work-checks-code-of-practice-on-avoiding-discrimination

Employers should not:

• discriminate when conducting right to work checks.
• only check the status of those who appear to the employer likely to be migrants
•Make assumptions about a person’s right to work in the UK or their immigration status on the basis of their colour, nationality, ethnic or national origins, accent, surname or the length of time they have been resident in the UK.
Otherwise, you may be acting in a discriminatory manner and it could be used as evidence against you in proceedings under the Equality Act 2010 or the Race Relations (Northern Ireland) Order 1997, as amended.

I realise you may be uncomfortable doing that if you are trying to settle in a new job. I used to be very unhappy and conflicted if i had to " raise concerns" about wrongdoing or bad practice. I will never forget the HR worker who tried to convince me they didnt have to follow "good practice" . 🤷. I bet she remembers me too........

Its become more natural to me, the more I've done it. Im in my fifties now, so had plenty of practice, and Im in a union too which helps.

Edited to show the gov. guidance in italics.

No it isn't. I tried this and the first step is to give either a UKVI account number or an expired Biometric Residence Permit number.

Having neither of those I then tried to apply for a UKVI account number. The first question it asks when applying for a UKVI account is

"When were you granted your most recent permission to come to or stay in the UK?"

Since I am British by birth I cannot answer this question so cannot apply for a UKVI account.

As a result I cannot apply for a share code.

Why do you assume that they have racially profiled you specifically and that this isn’t a standard request for all new starters?

DS age 16 started his first job and was asked to prove he had a right to work in the UK. He’s white, British and has a definite ‘British’ sounding name.

Again I too have a ‘British’ sounding name and had to provide my passport when starting a my job AND have an enhanced criminal records check too.

Honestly, it just sounds like you are trying to find an issue with something that is likely standard practice in any HR department.

They've asked op to generate a share code.

Only non-uk citizens can generate a share code. Despite what a pp says.

Op has a typically non British sounding name.

So either the person requesting the code believes this is actually how RTW checks are carried out as standard (which unless this is the first time they've ever done it is just not possible) or they've assumed op isnt a British citizen and therefore needs to generate a code.

Which is pretty poor.

Oh my god 🤣 🤣

Why do people keep talking about jobs their husbands and sons have had?

"Perhaps there is a unique set of circumstances that means @FlapperFlamingo can use this system."

I agree, I would guess that perhaps they have been here quite some time. Originally came on some visa and then was granted indefinite leave to remain. From there she would have applied for British citizenship.

In that situation she would be able to apply for a UKVI account number and get a share code even though she now has a British passport.

But anybody with British citizenship from birth wouldn't.

I'm going to have a bruise on my forehead at this rate.
Unbelievable.

For the millionth time…. They could have asked for my passport but didn’t. They only asked for the share code.

I mean, is this really a big deal? Tell them you're a citizen. Produce your passport. Problem solved.

I can see why Reni wrote that book. The wilfully ignorant are so exhausting. I believe wearing people out/ creating distraction is their actual aim.

I've always been asked to prove I have tge right to work in the uk,the questions are pretty standard. Passport,birth certificate, code,just generic questions and a legal requirement of all employers. I doubt they were singling you out. Perhaps previous employers haven't been as diligent when employing new staff

You've been patient answering the same question over and over and over. It amazes me how many people seemed completely unable to understand what you were saying.

Oh my god, another one.