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UK firm not racist for rejecting Chinese applicant over security concerns, tribunal rules

(5 months ago)
Steven Morris
Employment lawUKEmployment tribunalsChinaRussiaData protectionArtificial intelligence (AI)Race

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A UK employment tribunal ruled that it is not racist to refuse a job to Chinese or Russian nationals in companies dealing with national security issues requiring security clearance. This ruling came from a case where Chinese scientist Tianlin Xu was rejected by Binary AI Ltd, a software company with ties to UK and US defence departments, due to security concerns related to her nationality. The judge stated the refusal was based on inability to obtain security clearance, not nationality per se.

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  • The ruling sets a precedent that refusing jobs based on security clearance related to nationality from 'hostile' states is not discriminatory in the defence sector
  • Xu's discrimination complaints failed
What: An employment tribunal ruled that a UK firm was not racist for rejecting a Chinese applicant due to national security concerns.
When: Tribunal ruling on Tuesday (June 17, 2025, implied).
Where: London, UK (employment tribunal).
Why: The company, Binary AI Ltd, works in sensitive areas with Western governments and requires security clearance, which the Chinese applicant, Tianlin Xu, would not be able to obtain due to her nationality and the perceived risk from 'hostile' states like China and Russia.
How: Tianlin Xu applied for a role at Binary AI Ltd, was rejected, and filed a complaint of direct and indirect race discrimination. The employment tribunal heard the case and issued a ruling.

A UK employment tribunal ruled that it is not racist to refuse a job to Chinese or Russian nationals in companies dealing with national security issues requiring security clearance. This ruling came from a case where Chinese scientist Tianlin Xu was rejected by Binary AI Ltd, a software company with ties to UK and US defence departments, due to security concerns related to her nationality. The judge stated the refusal was based on inability to obtain security clearance, not nationality per se.