Unfair Dismissal?

[keithAngel]

You dont explain what you mean when you say "after my visa expired" but this may be a misunderstanding the responsibility to ensure employees are eligible to work now falls on employers and as a company if you get caught the penalty can be as much as £10,000 perhaps someone with little knowledge in this area is simply covering the companies legal position vis your eligibility to work

I just need an advice about my situation

As i posted around 2 weeks ago, the company that im working for will going to terminate my contract after my visa expired. Well I received a phone call yesterday with my manager, saying dont bother coming back to work because the company is not satisfied in the web site of HO that i am still eligible to work here.

My husband is angry as i was enjoying my job, now he told me that he is going to phone the Employment tribunal as what they did to me is an Unfair Dismissal?

Are we doing the right thing or just leave it like this

Im not sure what to do..

[PeterB]

You dont explain what you mean when you say "after my visa expired"

This may be part of the problem. Your visa may, technically, have expired. But, in actual fact, the terms of your visa have been extended, pending the outcome of your ILR application.

Also, it seems to me that this action to dismiss you could well be discriminatory - they may just be terminating your employment because they think that it is easy to justify.

[keithAngel]

Agreed Peter but the important thing at this point is to seek open clarification as if its simple misunderstanding they will probably have to put it right ,if it malice then its the sort of evidence that will help later in a tribunal.

The Government has been publisizing the penalties for employing folk who have no appropriate visa so it could well be that ,either way seek written clarification

[PeterB]

The Government has been publisizing the penalties for employing folk who have no appropriate visa...

Indeed, I used to receive dire warnings, on a regular basis, with HMRC mailings. Thank goodness I no longer have the hassle of running a company!

[joebloggs]

This may be part of the problem. Your visa may, technically, have expired. But, in actual fact, the terms of your visa have been extended, pending the outcome of your ILR application.

that is the problem, she is in no man's land, of having no visa she can show her employer..

it could be months b4 she gets the result of her visa app, and her employer would have no evidence of her visa status, i'm not saying she would do this, but she could for months say she has not heard anything yet, while in fact she could have been refused . her employer doesn't want to take the risk. .. no visa no job

some non euros who are married to Europeans in the UK, are having similar problems, that the gov is taking so long to issue evidence that they can work.

[tiN]

that is the problem, she is in no man's land, of having no visa she can show her employer..

it could be months b4 she gets the result of her visa app, and her employer would have no evidence of her visa status, i'm not saying she would do this, but she could for months say she has not heard anything yet, while in fact she could have been refused . her employer doesn't want to take the risk. .. no visa no job

some non euros who are married to Europeans in the UK, are having similar problems, that the gov is taking so long to issue evidence that they can work.

My employer wants to know when will the HO release my visa

And I know for a fact that they dont give any date when

Do they refused ILR?

[joebloggs]

Do they refused ILR?

yes they do refuse ILR, but not often, one of the main reasons for refusal was applying too early (more than 28 days), not sending all the evidence your asked to, so they make a decision on the evidence you supplied , etc

[tiN]

yes they do refuse ILR, but not often, one of the main reasons for refusal was applying too early (more than 28 days), not sending all the evidence your asked to, so they make a decision on the evidence you supplied , etc

A letter sent to me, saying that if they need more evidence they will just contact me.. Im a bit scared really because of my situation but fingers cross..

[joebloggs]

most of the time if they want more information they will ask you for it, and probably not refuse your visa,

nothing to worry about nearly all are granted, it should be just a formality, as you done most of the hard work getting your spouse/settlement visa