sign complaint: advertisement on employment restrictions

[vito0514]

Hi,

Please, feel free to fill the complaint about broadcasting of the advertisement on employment restrictions which can cause serious damage to the employment prospects of HSMP / Tier 1 holders and their dependants:

http://www.asa.org.uk/asa/how_to_compla ... ints_form/

Numerous complaints can help to start legal action against this mass media hysteria.


Help tips:
Type of advertisement: Radio Advertisement
Where seen: Sunrise Radio 1458 AM
When seen: 13th May 2009 at 3.40pm
Advertiser: UKBA, Home Office
Product: employment restrictions

You may use the below draft for the complaint (step 5):

This is with regards to the recent advertisement campaign titled giving ‘UK Based workers a better chance to find Jobs’ launched by the UK Border Agency. I strongly believe that the advertisement does not comply with the requirements of the Control of Misleading Advertisements Regulations 1988. Having gone through Rule 3 on Misleadingness outlined by the ASA, I have reason to believe that Home Office advertisement is grossly misleading by means of omitting critical information and failing to clarify important exceptions to the rules which can create confusion for employers and will prejudice interests of Non EEA migrants who are on HSMP / Tier 1.

Historically the need for advertising a job at the Job Centre Plus i.e. the Resident Labour Market Test has been a requirement for sponsoring Tier 2 to Tier 5 migrants. The manner in which the current advertisement is designed and broadcasted suggests to employers that the Resident Labour Market Test is now a blanket mandatory requirements without which they cannot employ any Non EU migrant. The advertisement does not clearly specify that this is requirement only in case of Tier 2 to Tier 5 migrants. Further the advert fails to draw distinction between ordinary migrants and HSMP/Tier 1 visa holders who have the open right to work here without any restriction and are treated at par with resident applicants i.e. people with permanent residency or citizenship. You can only find this distinction if you look into the finest detail on the UK Borders Agency website and most employers will not understand the difference or would dismiss straight away non EU
applicants just to avoid problems with Home Office. Companies are already under a lot of pressure because of current economic situation and they will not want to have any extra pressure from the government.

The Home Office should make it very clear in their advertisements that the employment restrictions are not concerned with those Non EEA migrants who are on HSMP / Tier 1 visas in UK.

[Wanderer]

You should see what they still do in Germany (or did when I was there);

Job
---

"Attractive Secretary Required....."

Flat
----

"Flat for Rent to Nice German Couple Only...."

I do love political incorrectness.....

[MrBaboo]

I've just sent my complaint. It's disgraceful and I was outraged when I saw and heard the various adverts but it never occurred to me that I could complain through this means. Well done for thinking of it!

[vito0514]

Hi,

Please, feel free to fill the complaint about broadcasting of the advertisement on employment restrictions which can cause serious damage to the employment prospects of HSMP / Tier 1 holders and their dependants:

http://www.asa.org.uk/asa/how_to_compla ... ints_form/

Numerous complaints can help to start legal action against this mass media hysteria.


Help tips:
Type of advertisement: Radio Advertisement
Where seen: Sunrise Radio 1458 AM
When seen: 13th May 2009 at 3.40pm
Advertiser: UKBA, Home Office
Product: employment restrictions

You may use the below draft for the complaint (step 5):

This is with regards to the recent advertisement campaign titled giving ‘UK Based workers a better chance to find Jobs’ launched by the UK Border Agency. I strongly believe that the advertisement does not comply with the requirements of the Control of Misleading Advertisements Regulations 1988. Having gone through Rule 3 on Misleadingness outlined by the ASA, I have reason to believe that Home Office advertisement is grossly misleading by means of omitting critical information and failing to clarify important exceptions to the rules which can create confusion for employers and will prejudice interests of Non EEA migrants who are on HSMP / Tier 1.

Historically the need for advertising a job at the Job Centre Plus i.e. the Resident Labour Market Test has been a requirement for sponsoring Tier 2 to Tier 5 migrants. The manner in which the current advertisement is designed and broadcasted suggests to employers that the Resident Labour Market Test is now a blanket mandatory requirements without which they cannot employ any Non EU migrant. The advertisement does not clearly specify that this is requirement only in case of Tier 2 to Tier 5 migrants. Further the advert fails to draw distinction between ordinary migrants and HSMP/Tier 1 visa holders who have the open right to work here without any restriction and are treated at par with resident applicants i.e. people with permanent residency or citizenship. You can only find this distinction if you look into the finest detail on the UK Borders Agency website and most employers will not understand the difference or would dismiss straight away non EU
applicants just to avoid problems with Home Office. Companies are already under a lot of pressure because of current economic situation and they will not want to have any extra pressure from the government.

The Home Office should make it very clear in their advertisements that the employment restrictions are not concerned with those Non EEA migrants who are on HSMP / Tier 1 visas in UK.

Got reply from ASA (Advertising Standards Authority), Complaints Executive:

"Thank you for contacting the Advertising Standards Authority.

The ASA council has recently considered similar complaints about this ad but concluded there was no breach of the Code. The ASA council considered that the ad made clear that there were exemptions to the new system and noted that it invited listeners who required further information to visit a website. The council concluded that the ad was unlikely to mislead for the reasons suggested.

I understand that this decision may disappoint you but would nontheless like to thank you for taking the time to contact us."