
Sadly, my story is not unique. Many highly qualified international professionals in the UK face similar discriminatory barriers. Such practices not only damage individuals’ careers and morale but are also harmful to employers and the broader economy.
The UK’s technology sector plays a critical role in driving economic growth, consistently demanding highly skilled and innovative professionals. Yet, one significant obstacle persists in recruitment practices—the routine rejection of highly qualified international IT candidates based on their lack of ‘UK experience.’ This seemingly neutral criterion poses serious legal risks, undermines the careers of talented individuals, restricts employer access to exceptional global talent, and negatively impacts the sector as a whole.
At its core, information technology transcends national boundaries. Platforms such as Microsoft Azure, Amazon Web Services, Windows Server, and industry-standard cybersecurity protocols are universally consistent, irrespective of location (TechUK, 2023). Thus, experience gained in these globally standardised domains is inherently transferable, making the insistence on specifically ‘UK-based experience’ logically indefensible and professionally unjustifiable (Adeyemi, 2023).
More seriously, from a legal perspective, demanding UK-specific experience raises significant risks under the Equality Act 2010. Indirect discrimination occurs when a seemingly neutral requirement disproportionately disadvantages certain groups due to protected characteristics, such as nationality or race (Equality Act 2010, s 19). The requirement for UK experience inherently excludes those who have developed their careers abroad, disproportionately disadvantaging international applicants (Croner HR, 2023). Additionally, older professionals who have spent substantial parts of their careers overseas can face indirect age discrimination, as this requirement unfairly restricts their job prospects (Equality and Human Rights Commission, 2022).
Employers often assume they avoid liability by outsourcing recruitment to agencies. However, under the Equality Act 2010, employers remain legally responsible for discriminatory practices carried out by their recruitment agents (Equality Act 2010, s 109). As clarified by case law such as Kemeh v Ministry of Defence [2014], employers cannot merely rely on agencies to conduct fair recruitment; they must proactively ensure that discriminatory criteria, such as the unjustified demand for UK experience, are eliminated (Singh, 2024).
The human impact of this practice is profound. Highly skilled international professionals frequently relocate to the UK with the intention of contributing their expertise, only to find themselves excluded from suitable roles solely due to geography. This rejection leads not only to frustration and financial stress but also profoundly affects their self-esteem, professional identity, and overall well-being (Bearne, 2017). Talented individuals find themselves trapped in a paradoxical situation: unable to gain the required ‘UK experience’ precisely because they lack it, often resorting to roles far below their capabilities, wasting their talents and undermining their long-term career prospects (Tatham, 2023; Lai, 2025).
Moreover, employers who continue to insist on ‘UK experience’ inadvertently damage their own competitiveness. In today’s globalised economy, innovation and problem-solving are enhanced by diversity and international perspectives (McKinsey, 2020). By artificially restricting their talent pool, employers risk losing access to high-calibre professionals who can significantly enhance organisational performance. International experience brings fresh ideas, adaptability, resilience, and a broader understanding of diverse business challenges, qualities essential for maintaining competitive advantage (Rutherford Cross, 2023).
On a wider scale, this recruitment practice negatively impacts the entire UK technology sector and its economy. When highly skilled international professionals face repeated rejection based on arbitrary criteria, they may choose to relocate elsewhere, resulting in a damaging ‘brain drain’ (IPPR, 2019). In the post-Brexit economic landscape, attracting global talent is crucial. Arbitrary requirements like the ‘lack of UK experience’ criterion convey a message of insularity, deterring skilled professionals from considering the UK as a desirable destination, and ultimately weakening the UK’s global reputation as a welcoming, meritocratic economy (TechUK, 2023; House of Commons Library, 2024).
The solution to this pervasive problem is straightforward—shift to a genuine skills-based recruitment approach. Employers should abandon geographical proxies for competence and clearly articulate the specific skills, technical competencies, and experiences genuinely necessary for roles. Objective assessment methods such as practical technical evaluations and competency-based interviews should replace vague or discriminatory requirements. Additionally, employers must ensure that recruitment agencies clearly understand their legal obligations, actively discouraging discriminatory practices through clear instructions, rigorous monitoring, and ongoing recruiter training (Croner HR, 2023; Adeyemi, 2023).
For candidates facing discriminatory barriers, awareness of legal rights under the Equality Act 2010 is crucial. Documenting instances of discriminatory recruitment practices and seeking professional legal advice can help individuals challenge unjustified rejections and encourage broader systemic change (Acas, 2025; BizGees, 2023).
In conclusion, the persistent reliance on ‘UK experience’ as a recruitment criterion in the UK IT sector is not only legally problematic but economically short-sighted and professionally indefensible. Ending this unjustified practice is imperative. Employers must recognise the transferable and global nature of IT skills, adopting recruitment practices that genuinely value professional expertise irrespective of geographic origin. Such a shift will benefit individuals, businesses, and the broader economy, ensuring the UK remains competitive, innovative, and genuinely inclusive on the global stage.
References
Legislation and Case Law
Equality Act 2010 (UK), ss 19, 109.
Kemeh v Ministry of Defence [2014] EWCA Civ 91.
Industry Reports and Professional Guidance
Adeyemi, E. (2023) ‘Inclusive recruitment’, CIPD Blog, 16 March.
BizGees (2023) ‘Refugee Issues’, BizGees, 27 March.
Croner HR (2023) ‘Indirect discrimination: Guidance and examples’, Croner.
Equality and Human Rights Commission (2022) ‘Employment statutory code of practice’, EHRC.
House of Commons Library (2024) ‘Digital skills and careers debate pack’, Briefing Paper 2024-0073, April.
IPPR (2019) ‘Measuring the benefits of integration: Tackling skills underutilisation’, IPPR.
McKinsey & Company (2020) ‘Diversity wins: How inclusion matters’, McKinsey.
Morris, A. (2025) ‘Indirect discrimination guide for employers’, DavidsonMorris, 12 February.
Rutherford Cross (2023) ‘The benefits of hiring overseas talent for UK businesses’, Rutherford Cross.
Singh, M. (2024) ‘A common law approach to agency under Section 109(2) Equality Act 2010’, Doughty Street Chambers.
TechUK (2023) ‘Skills, talent and diversity programme’, TechUK.
Media Articles
Acas (2025) ‘Discrimination: what to do if it happens’, Acas.
Bearne, S. (2017) ‘Hiring refugees: “We have an amazing wealth of talent on our hands”’, The Guardian, 11 August.
Lai, T.K. (2025) ‘UK professional discrimination against HK BNO holders’, Bastille Post, 25 April.
Tatham, C. (2023) LinkedIn post, personal account.

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