Change of Employer

[ASHIKACR]

Hi everyone,

I hope this message finds you well. I'm currently navigating a situation with my Health & Care Worker Visa and would greatly appreciate some insights or advice.

I've applied to update my visa to change my employer while remaining on the same health & care visa. The new permission to work for my upcoming employer has been granted and the start date mentioned on the COS is January 30th, 2024. Consequently, I've tendered my resignation with a two-week notice period, making my last day with the current employer January 25th.

I have a few concerns and questions:

1. Given that I've already been granted new permission for my upcoming employer, would it be considered illegal to work the full 40 hours for my current employer during the notice period?

2. Can I take my remaining days of annual leave during the notice period?

3. Is there a legal standpoint on whether my current employer can refuse to grant annual leave and potentially force me to work during the notice period?

I appreciate any insights or advice you can provide on these matters. Thank you in advance!

[CR001]

1. No, fine to work noticr period.

2. Nothing to do with immigration. It is employment related, ask your employer.

3. Nothing to do with immigration. It is employment related, ask your employer.

[ASHIKACR]

Hi,

Thanks for your reply.
But my questions are necessarily not regarding immigration. I need to understand from the side of employee rights as well.

Appreciate your understanding.

[CR001]

You need to speak to someone who can help ypu with employment law and what your employment contract says. Try citizens advice bureau

The forum is only for immigration queries, we cant help you with employment law or contract issues.

[ASHIKACR]

Oh right.. thank you so much..

[ASHIKACR]

Hello, so I received my new BRP card for my new employer. I’ve also given two weeks notice and my current employer doesn’t approve my remaining annual leave and sort of forcing me to work during the notice period as there is no one for covering.
I’m moving from England to Scotland (where my new employer is) so if I work the notice period I only have 4 days left to do all the moving and start working for my new employer. Need to look for a house/ schools for children etc..

I tried explaining this to my existing employer that my annual leave request is due to a genuine reason but they dont seem to care at all.

Since I’ve already received my new BRP, can I just stop working for my current employer?

[CR001]

Hello, so I received my new BRP card for my new employer. I’ve also given two weeks notice and my current employer doesn’t approve my remaining annual leave and sort of forcing me to work during the notice period as there is no one for covering.
I’m moving from England to Scotland (where my new employer is) so if I work the notice period I only have 4 days left to do all the moving and start working for my new employer. Need to look for a house/ schools for children etc..

I tried explaining this to my existing employer that my annual leave request is due to a genuine reason but they dont seem to care at all.

Since I’ve already received my new BRP, can I just stop working for my current employer?

Please, as already advised, this has nothing to do with immigration.

You signed an employment contract and you are bound by that contract and its conditions and clauses. We cannot help you with employment contract issues.

[ASHIKACR]

Hi, sorry if my question isn’t clear. This is actually regarding immigration.
According to immigration law, has my sponsorship for the current employer cancelled when I receive my new BRP card and as a result can I stop working for the current employer.

[CR001]

The rules allow a skilled worker migrant to serve their notice period once the new visa is granted.

Remember that your current employer can sue you for breach of contract, withhold your pay and holiday pay. They can also give negative references or refuse to if you need one in the future.

The fact that you are choosing to move countries within the uk is not ypur current emplpyers problem neither is it an immigration issue.

Why cant you ask your new employer to delay ypur start date?

[ASHIKACR]

Thanks a lot..