General UK immigration & work permits; don't post job search or family related topics!
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GSOtodd
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by GSOtodd » Tue Nov 04, 2008 11:27 pm
Do Tupe Laws (Transfer of Undertakings) apply to people on work permits? I teach at a school that is about to be taken over. I understand TUPE provides safe transitions for employees from old hands to new hands. Now, what about people on work permits?
Also
Suppose my employer applies for a license in March before the change over and then applies for certificate of sponsor under Tier 2, would they have to reapply under the New Company or would I just need to inform Home Office about the changes?
Andy
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Frontier Mole
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by Frontier Mole » Tue Nov 04, 2008 11:46 pm
PBS is company / employer specific so to work for a new employer under PBS you would have to have a CoS and apply for a visa as if starting afresh. Your WP can not transfer over to a different legal entity.
The question that is important is from what to what is causing the school to change? Is it a special measures failed school being taken over by a private contractor or fee paying school with new owners? This has a bearing on the position as an employee. Have you been guaranteed a position in the new set up with the new employer knowing your immigration status?
It is not unknown for new owners to refuse to transfer limited leave to remain or temporary staff as they do not need to under TUPE. By the very definition of your WP you are a temporary worker with limited leave to remain.
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Frontier Mole
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by Frontier Mole » Tue Nov 04, 2008 11:50 pm
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GSOtodd
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by GSOtodd » Wed Nov 05, 2008 12:00 am
Yes, but I've got a permanent contract. The school is voluntarily changing from a LEA school to an independent academy.
Andy
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Frontier Mole
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by Frontier Mole » Wed Nov 05, 2008 12:31 am
Then your current employer has made an error. You can not have a permanent contract with limited leave to remain. The two things are mutually exclusive. They can have a rolling contract where each period of WP gives you a contract extension and perhaps a permanent contract if / when you have PR. This is a very typical County Council muck up; I have seen a few such errors while doing the PBS talks to CC's. I suggest you have a talk with the CC HR department as you will find the school thinks one thing and HR another. There is every chance CC does not know you are on a WP.
You might find your new employer might be a good deal wiser especially as they would carry the risk and liability under PBS. They do not need to apply for a PBS licence so that would automatically put you out of a job in any case. No license = no route to sponsor = no non EEA workers!
When does your WP expire and when does the transfer take place? I would talk to the HR team that will be looking after the new entity to see what their view is and have they applied for a PBS licence? If they have not done so or are not going to do so you will be out on your ear.
The other point is what subject(s) do you teach as only certain subjects qualify under the new system.
