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Tier 2 Employee rights

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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nasmc92
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Tier 2 Employee rights

Post by nasmc92 » Fri Oct 07, 2016 9:48 am

Is there any guidance or policy documents regarding Tier 2 employee rights

Lets suppose if an employee has to complain against employer to home office
of I'm employer sack the Tier 2 employee for no reason

what is the procedure or any guidance we can look through

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CR001
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Re: Tier 2 Employee rights

Post by CR001 » Fri Oct 07, 2016 10:39 am

They have the same rights as any other employee in the UK and also based on what is contained in your contract. No special provision for a Tier 2 Migrant really. Tier 2 G is only a visa allowing you to work.

http://www.acas.org.uk/index.aspx?articleid=1461
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iworker
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Re: Tier 2 Employee rights

Post by iworker » Fri Oct 07, 2016 10:59 am

thats not how it works..
if u have a problem against being laid off, u need to go for employment tribunal. home office cant help u

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Frontier Mole
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Re: Tier 2 Employee rights

Post by Frontier Mole » Sat Oct 15, 2016 1:58 pm

The issue for Tier 2 / 5 employees is that a Sponsor can stop sponsoring you at any point thus ending your employment for the simple lack of having the right to work. They don't have to give a reason to UKVI, they can just withdraw their sponsorship and thereafter the visa will be curtailed ceasing your right to work.

Some employers have used / taken this option as it is a method of ensuring they can let the employee go without any recourse by the employee to an Employment Tribunal. An ET does not have the right to impose a sanction on an employer to issue a COS, maintain their licence or meet the needs for a future extension e.g. Increase the salary to meet the visa conditions.

So on paper Tier 2/5 employees have the same rights as UK/EEA staff however those rights are diminished in real terms as there is the option to make an individual unemployable by virtu of the loss of sponsorship.

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