Migrant workers employed legally in the UK generally have the same rights as workers who were born in the UK. Importantly, this includes the right to be protected from discrimination.

The Race Relations (Northern Ireland) Order 1997 provides protection against racial discrimination. In determining whether the conduct complained of is unlawful, it is necessary to consider whether, among other things, it is motivated by discrimination on the grounds of race.

Direct discrimination is what results when someone is treated less favourably on the grounds of a protected characteristic. In this case, the protected characteristic is race. Under the above policy, those who are residents of the UK would be more likely to be offered permanent employment and those who are not residents of the UK would be less likely to be offered permanent employment. This may be viewed as less favourable treatment and therefore, discriminatory on the grounds of race.