Job vacancy - discrimination under the Equality Act?

[Trackman]

Someone has sent me the text below (I've changed some details), they were asking an unrelated question to what I am going to ask.
I was going to post in jobs/careers but it's not really about the post itself, mods feel free to move if you wish.

My question is, if it's work home, why do you have to live in Scotland? Is this discriminatory?

Job role: Some railway organisition based in Scotland - Customer Service Expert

Location: Work from home (MUST live in Scotland) - option to work onsite in our ***** office is available. Ask us for more details!

 

[3rd rail land]

I would be extremely surprised if it were discriminatory, where you reside is not a protected characteristic. I used to work remotely for a company and had to reside in the UK as otherwise my security clearance wasn't valid and I couldn't do the work I was employed to do.

 

[Ashley Hill]

Presumably the applicant will have to attend an interview, which if successful will need training. They may also be expected to occasionally attend meetings etc. Would a candidate be willing to pay for their own transport costs to and fro if actually living in Milford Haven for example.

 

[Yew]

Scots tax and employment laws can also be different.

 

[DarloRich]

My question is, if it's work home, why do you have to live in Scotland? Is this discriminatory?

To turn it around: why do think it might be discriminatory?

 

[londonbridge]

When I was unemployed I had one interview where the employer noted that I lived a fair distance from the site and asked whether the commute might be an issue. I replied that I’d looked into it beforehand and that if I felt commuting would be a problem I wouldn’t have applied for the job…..I didn’t get it.

 

[Ianigsy]

I wonder whether there’s some element of Scottish Government funding to the post.

 

[styles]

Where you live in the UK is not a protected characteristic. It may be discrimination, but it is not unlawful discrimination.

You'd have to ask them why they stipulate living in Scotland.

 

[Starmill]

It's pretty common for remote roles to come with a requirement for occasional visits to offices or sites. Are you sure this isn't mentioned somewhere in the rest of the job description?

If it's not that it's probably something more neublous like arguing to politicians to be supporting 'local employment'.

 

[styles]

Well I am guessing it is this job: https://uk.indeed.com/m/viewjob?jk=6f6748e80240833c

Job role: Scotrail - Customer Service Expert

Location: Work from home (MUST live in Scotland) - option to work onsite in our Glasgow office is available. Ask us for more details!

Not sure why there is a requirement to be in Scotland but you could ask.

 

[Starmill]

If it's a job at a public body it's probably just standard procedure that employees must be permanent resident in Scotland unless in some exceptional circumstances.

 

[najaB]

My question is, if it's work home, why do you have to live in Scotland? Is this discriminatory?

Nope. "Work from home" doesn't mean "work from anywhere." Employers are entirely free to place restrictions on where home workers can reside.

 

[AlterEgo]

Someone has sent me the text below (I've changed some details), they were asking an unrelated question to what I am going to ask.
I was going to post in jobs/careers but it's not really about the post itself, mods feel free to move if you wish.

My question is, if it's work home, why do you have to live in Scotland? Is this discriminatory?

On the grounds of what protected characteristic?

 

[Trackman]

On the grounds of what protected characteristic?

It's what google came up with! I didn't think it was a protected characteristic too.

Just checked ChatGPT (OK it's not accurate) but it says 'As long as there’s a clear reason why the role requires Scottish residency'

 

[styles]

It's what google came up with! I didn't think it was a protected characteristic too.

Just checked ChatGPT (OK it's not accurate) but it says 'As long as there’s a clear reason why the role requires Scottish residency'

They wouldn't even need a reason.

They could choose to only employ people from Chipping Norton if they wanted to.

At a real push, a very restrictive capture area could be unlawful indirect discrimination, but we're talking something like picking a tiny area where there happens to be a near total representation of people with a particular protected characteristic. It wouldn't really work.

 

[Tom B]

Income tax has different bandings in Scotland - this may have a bearing. I know that tax becomes quite complicated when you are working for a UK employer but based overseas, with the result that many firms don't allow it (unless the role requires it).

It could be to do with travel to work (presupposing that there's a monthly/quarterly team day etc) and people refusing to do so because "it's too far away", although that would presumably be expressed in distance/time rather than regionally (e.g. "must be able to attend a meeting day every 2 months, and thus must live within xx minutes commute of the office at yy").

 

[Trackman]

Income tax has different bandings in Scotland - this may have a bearing. I know that tax becomes quite complicated when you are working for a UK employer but based overseas, with the result that many firms don't allow it (unless the role requires it).

It could be to do with travel to work (presupposing that there's a monthly/quarterly team day etc) and people refusing to do so because "it's too far away", although that would presumably be expressed in distance/time rather than regionally (e.g. "must be able to attend a meeting day every 2 months, and thus must live within xx minutes commute of the office at yy").

It's work from home, no stipulation to attend local offices.
tbh, I don't think they have stated the full details for the job.

 

[ninja-lewis]

It's Scotrail so there's public sector funding involved and various political angles, not least that of a Scottish public sector organisation employing workers based in England on higher take home pay. Media and opposition parties would have a field day.