employment stopped cause HR not done right to work checks

[chaoscontrol]

Hello,

Anybody knows if the person can work during PR application when his/her COA still not arrived and 5 years resident document already expired ?
Do the employer can say that person can not work anymore during application process and stop his work ?

My wife`s employer just took a copy of her PR application (approx 50 pages) and she been told that they will check through this and let her know later . (let her know what ?)

We are still not sure whether she can continue working until COA arrives (which could take up to 4 weeks ?)
She just done her `Biometrics` last Tuesday.

Her 5 years resident document is expiring this Sunday 15.th and we still got no any info from her work HR department for now .

Do her work HR department has to have any guidance for what they needs to do in these situations ?
Or they just calling Home Office and asking them if she is allowed to work during application process ?

What do we need to expect now ? Do she will be allowed to work when waiting for COA ?


Any advice on this greatly appreciated . Thank you and this great forum for all the help .

[chaoscontrol]

update:
wife get sacked yesterday , because HR did not know how to check if she have right to work when waiting for COA and her application is under review ...

I called to HO and the guy told me there is special `system` for employers on the GOV.UK to check all these things`(right to work for the workers),

Employers letter to my wife stating that they got no written confirmation of her rights to work ..
She explained to them that she is waiting for COA which WILL be stating that and which should arrive this week , but they don`t care and have no idea about COA ...

In light of all this mess , anybody could help please and answer to these questions :

1. Is my wife`s job loss lawfull at all ? or they supposed atleast wait for COA ?

2. Do they needed to check through that `employers checking service` on the GOV.UK ? when I told them about it - they had no idea of what it is ..
We also gave them Case ID number from HO confirmation e-mail and the copy of PR application .

Thanks in advance .

[chaoscontrol]

update:
Wife received COA today (Monday 16.04) dated 12.04.18 with right to work.
Her employment been stopped day after at 13.04.18.

Anybody give us advice please how to take that rubbish company to Employment tribunal please ?

or is there any other options for her ? Is it worth to write an appeal ? or any different actions to get back to work when we will be in process of getting company to Employment tribunal ?

Any advice will be appreciated. Thanks.

[Noneabout]

I don’t know what to tell you for this but I am very interested to hear what happens.

I also lost my job a few years back due to this and I didn’t have the support or funds to take them to the immigration tribunal.

Good luck!

[chaoscontrol]

Hello.
Our story :
Wife worked for the company directly for 3 years.
Her 5 years resident document come to the end on 15.th of April.
She applied for Permanent residence card(PR) on 28.th of March and provided work HR department with a copy of 40 pages Application form as they asked.
received confirmation email from the HO and waiting for the COA certificate which will show right to work.
They did not asked for something else.which we found out is strange. but she been told that they going to look through the copy of App form and let her know.
2 weeks gone and on Friday 13.th she received a letter that her employment is terminated.
reason : "no written confirmation for right to work in the UK when her PR application is in process."

We are gone upstairs to HR to ask them why they not called to Home Office and not checked with them for wifes right to work ?

HR manager's answer :
"We had no idea of how to check wifes right to work." It was your responsibility.

I called to HO right from HR office and the guy told me :
Employers has to check right to work online on Gov.uk website through the thing called "Employers checking service" !
I said : HR told me they don't know about that.

He said : EVERY EMPLOYER IN THE UK KNOWS WHERE TO CHECK RIGHT TO WORK FOR THEIR WORKERS.

On Monday 16.th we received COA with right to work which is dated 12.th of April . the day BEFORE her employment been terminated.
which means they terminated her employment unlawfully cause she got full right to work on the day when her employment was terminated !

Please anybody give us any advice of how to return wife to work now and take them to Employment tribunal ?

Regards.
Thanks in advance for your time.

[secret.simon]

Topics merged.

Your question, while tangentially immigration-based, is essentially an employment law question and these forums may not be the best location to get an answer.