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
