View Full Version : Sacked for refusing to prove he wasn't an illegal immigrant
joebloggs
6th April 2013, 15:47
:NoNo:
LORRY DRIVER Herold Newell is a man of principle, but it has come at a high price and has even cost him his livelihood.
.. As Judge Goodchild concluded: “Mr Newell is clearly a man of principle. However, sometimes principles cost.”
read more here .. http://www.voice-online.co.uk/article/sacked-refusing-prove-he-wasnt-illegal-immigrant
stevewool
6th April 2013, 16:45
sometimes we all would like to go all the way if we know we are right in what we are doing but you still have to put food on the table too, so sometimes its best to say nothing but smile
joebloggs
6th April 2013, 16:53
sometimes we all would like to go all the way if we know we are right in what we are doing but you still have to put food on the table too, so sometimes its best to say nothing but smile
where i work, we had to go thru a national security check, they want to know about your and your partners finances, bank accounts, refused credit, loans etc also details of any convictions etc.
none of us wanted to do it, but like you said if you want to keep your job, you've no choice :NoNo:
bigmarco
6th April 2013, 17:08
Perhaps if Mr Newell and his colleagues had joined a union this would never have happened.
Not much point in being a man of principle when your standing on your own.
grahamw48
6th April 2013, 17:12
I suppose we can't have it both ways....those of us who want to see all the illegals tracked down and kicked out.
Daft as it seems (to us born here), everybody is required to prove who they are and that they have the right to work here, otherwise the employer is in trouble, and so they should be, if aiding and abetting illegal workers.
C'est la vie.
raynaputi
6th April 2013, 17:17
Sometimes you just need to comply with these requirements and not be too bothered when you know it would cost your job. Before I started working on my first job in the Philippines, I was required to submit my passport, birth certificate, NBI clearance (like a CRB check), etc. No fuss and no drama, it's the requirements so just comply. Those who don't have any of those documents must get one. And all the companies I've worked for asked the same things.
Arthur Little
6th April 2013, 18:24
read more here .. http://www.voice-online.co.uk/article/sacked-refusing-prove-he-wasnt-illegal-immigrant
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**However, Asda's action was triggered by a January 1997 Parliamentary requirement mandating employers to check their employees' nationality documentation in a bid to curb illegal immigration.
This new mandate got tougher in 2006, when employees' Birth Certificate/Passports were required to be kept on file. :ReadIt:
Okay ... Mr Newell was hired by Asda in October 1997 (9 months AFTER the Govt mandate was introduced) ... at WHICH juncture, he presented his birth certificate in compliance with the [then] legislation.
Whilst my sympathies lie with *Mr Newell, the cards were, in effect, stacked in favour of Asda management ... whose action would've been upheld on the grounds that *he "knew well" (or OUGHT to have known) that the rules had changed in line with the second paragraph of the section I've quoted. And it is therefore feasible, the decision of the Employment Tribunal then ultimately hinged on that evidence alone :icon_rolleyes: - otherwise a claim for unfair dismissal might have proved successful.
Shame, really! :bigcry:
imagine
6th April 2013, 18:33
well at least tesco is ensuring they do not break imigration laws, they have been found employing illegal stayers not so long ago,
imagine
6th April 2013, 18:38
where i work, we had to go thru a national security check, they want to know about your and your partners finances, bank accounts, refused credit, loans etc also details of any convictions etc.
none of us wanted to do it, but like you said if you want to keep your job, you've no choice :NoNo:
but where does it stop, what if they ask for your love life :do_it: details, how many times a week, and if the night before a working day, as this affects your working performance,( if you want to keep your job, you've no choice ):laugher::laugher:
grahamw48
6th April 2013, 19:42
well at least tesco is ensuring they do not break imigration laws, they have been found employing illegal stayers not so long ago,
...not to mention the burgers they brought with them. :smile:
Terpe
6th April 2013, 19:48
........ No fuss and no drama, it's the requirements so just comply...
That's how I look at it too.
Personally I couldn't quite get the principle he was so strongly defending.
Maybe somebody can tell me :Erm:
Rosie1958
7th April 2013, 00:53
The organisation that I work for insists that the Right to Work in the UK is verified at interview stage when proof is required to be produced by everyone attending an interview and before any job offer is even considered. There are heavy penalties for any employer found employing illegal workers and it doesn't just stop at a fine, business reputation is also badly affected.
The "man of principle" was also clearly quite ignorant of the law and I find it amazing that he is still vowing to fight on, the cost of which will be ridiculous :doh
joebloggs
7th April 2013, 08:24
maybe they didn't photocopy his birth cert back in 1997, but these days UKBA want to see evidence that the employer checked they had the right to work or they face a fine of upto £10k if they dont.
i think its a reasonable request
hawk
7th April 2013, 09:45
its not just looking british talking english born british its proveing your %100 british lease days we are not who we think we are anymore
Iani
7th April 2013, 12:17
I'm sorry but..............idiot!
Asda are probably panicking after someone in their audit pointed out that MAYBE they might have employed someone who management didn't check right (Mistakes happen) and they thought so that they didn't get bad press/publicity/fines, they would check now - seen to be making that check so they couldn't be fined if it turned out they had done all they possibly could to avoid employing someone illegally.
All he had to do was produce his passport or birth certificate again and say here you are - sorted, done, back to work.
But no - he had to make a song and dance about it, failed to understand these were his EMPLOYERS, his BOSSES giving him a direct ORDER.
He wasn't being asked what side he dresses to, wasn't being asked if he shaves his :action-smiley-081: or something personal - he was just being asked to confirm he was legally employed due to an internal important audit.
All he proved is that he sees himself as being above an order. I'm sure my boss would be delighted if I refused to do something. Oh well
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