Employment dismissal

[Gandl]

My wife (NZ citizen) has lived in the UK since 1983, she received indefinite leave to remain following our marriage in 1987. Over the intervening years she has had a number of jobs, but has worked as a Learning Support Assistant in a local school since 2002. Recently the school was transferred from Local Authority to Trust status.
Throughout the years my wife has always carried her current and previous passport to show the original visa.
Two weeks ago the new employer requested that she provides her right to work documents, these we supplied immediately (Original Home Office letter plus all passports). We were then told a week later that these were insufficient and would have to apply for a BRP. Again we supplied details of the standard BRP application within 2 days. Last Friday we were verbally told that they require her to go down the urgent route (an additional cost of £800+)
Today she has been told that unless she supplies this by next Wednesday 24th July she will be summarily dismissed.
Am I being unreasonable in saying that requiring us to make this additional payment is unfair?

[zimba]

An ILR sticker or paper no longer can be used to prove your right to work in the UK to an employer (guide).
However as you have shown the documents of the BRP application to the employer, the employer must now request the home office for a positive status check vis the Employer Checking Service

You must ask the Home Office to check your employee or potential employee’s immigration employment status if one of the following applies:
•you’re reasonably satisfied that they cannot show you their documents because of an outstanding appeal, administrative review or application with the Home Office
•they have an Application Registration Card
•they have a Certificate of Application that is less than 6 months old
•they’re a Commonwealth citizen who’s been living in the UK since before 1988

https://www.gov.uk/check-job-applicant-right-to-work

[Gandl]

Hi, she does not have a sticker but her original letter from the Home Office, and all passports since then

thanks for the help

Graeme

[seagul]

Transferring the old style visas/ILR into BRP card has introduced quite a long time ago and its very strange that she hasn't ever been asked to do that by her previous employer. In my opinion to save the job spending £800 shouldn't be expensive because for finding another job she has to do same.

[zimba]

If an existing employer checked your right to work initially, they are not required to do so again. The BRP rule has affected mostly people getting new jobs and proving their right to work since 2015