A recent employment tribunal determined that refusing job applications from Chinese and Russian nationals in security-sensitive roles is not racially discriminatory. This ruling arose from a case involving Tianlin Xu, a Chinese scientist denied employment at Binary AI Ltd, which collaborates with UK defense entities. The judge clarified that the decision stemmed from security clearance requirements, indicating that similar restrictions could affect individuals of other nationalities, such as Russian or Iranian. Company leadership cited national security advice received from defense officials for their hiring practices, underscoring legitimate security concerns over race or nationality.
Judge Baty acknowledged that while the email from James Patrick-Evans appeared to admit to race discrimination, the refusal was based on legitimate security clearance issues, not solely on nationality.
The ruling emphasized that hiring decisions in sensitive sectors based on nationality are not discriminatory if tied to national security risks, applicable to multiple nationalities including Chinese and Russian.
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