Tier 2 Can employer terminate employment without any ground

Hi,
I am on a Tier 2 visa, arrived in the UK Sep 2015. The CoS offered by the employer is for 3 years and visa was granted for 2 years ending Sep 2017.
Now, my employer is saying that, they wont renew my contract from January 2016, however, they were not been able to specify any reason in written. Not even they are not serving any letter that says the contract will be ending at the end of December. Though,verbally they offer any support may needed to secure another job.

In this situation, I am deeply concern about my situation. Could you please advise me if anything I can do including legal steps to avoid this. MY spouse had to leave her job to accompany me along with my daughter.

Regards
Ashraf

Ashns wrote:Hi,
I am on a Tier 2 visa, arrived in the UK Sep 2015. The CoS offered by the employer is for 3 years and visa was granted for 2 years ending Sep 2017.
Now, my employer is saying that, they wont renew my contract from January 2016, however, they were not been able to specify any reason in written. Not even they are not serving any letter that says the contract will be ending at the end of December. Though,verbally they offer any support may needed to secure another job.

In this situation, I am deeply concern about my situation. Could you please advise me if anything I can do including legal steps to avoid this. MY spouse had to leave her job to accompany me along with my daughter.

Regards
Ashraf

Not much I'm afraid, except find a new sponsor.

MY spouse had to leave her job to accompany me along with my daughter.

Nothing to do with the process or your sponsor. They didn't have to join you at the same time you traveled or at all etc.

So were you a full time employee or contractor?
If a proper employee then you have RIGHTS against unfair dismissal.

its not unfair dismissal if the employer says that he is not happy and give a notice that you employment will cease from such date.

iworker wrote:its not unfair dismissal if the employer says that he is not happy and give a notice that you employment will cease from such date.

You can make it really hard for them to fire you and hence NOT cancel your visa.
If they cancel your visa while you are fighting for unfair dismissal then they are denying the employee a right to fair trial.

I would recommend OP to consult an Employment Lawyer immediately and start proceedings against employer if they fit the criteria below.

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It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for a reason related to discrimination protected by the Equality Act 2010, becoming pregnant, or having previously asserted certain specified employment rights. Otherwise, an employee must have worked for two 2 years.[1] This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason.

The Employment Tribunal will judge the reasonableness of the employer's decision to dismiss on the standard of a "band of reasonable responses" assessing whether the employer's decision was one which falls outside the range of reasonable responses of reasonable employers.[2]

Consultation
In a redundancy situation the employer must consult[74] those in the "pool" identified at risk and carry out a fair selection. The consultation must start when the employer decides[75] or proposes[76] redundancy - any delay could entitle the employee to compensation for loss of jobseeking time.[77] Depending on size of firm and how many redundancies are proposed, it may need to include ways of avoiding redundancies, saving jobs and mitigating effects of redundancy. It certainly has to be while proposals are formative, give adequate information and time, and give conscientious consideration.


[1] SI 2012/989
[2] HSBC Bank plc v Madden (case A1/00/2086) and Foley v Post Office (case A1/99/0746) [2000] ICR 1283, [2000] IRLR 827, Times Law Reports, 17 August 2000.
[74] Mugford v Midland Bank [1997] IRLR 208
[75] Dewhirst Group v GMB Trade Union [2003] IDS Brief 747
[76] MSF v Refuge Assurance plc [2002] IRLR 324

Immigration laws and employment laws are 2 different things.
There is also something called probation period.

iworker wrote:Immigration laws and employment laws are 2 different things.
There is also something called probation period.

Yes but I know of several cases where employers have been forced to put the visa cancellation on hold due to pending employment tribunal hearings.
If the employer cancels the visa they are forcing the employee to default on their job responsibilities and making them redundant illegally.

General unfair dismissal isn't relevant yet - the qualifying period hasn't ended.