ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Unfair dismissal due to ongoing immigration case

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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

Locked
raheelmalhi
Newly Registered
Posts: 12
Joined: Thu Oct 11, 2012 12:09 am
Location: London
Pakistan

Unfair dismissal due to ongoing immigration case

Post by raheelmalhi » Fri Nov 11, 2016 2:16 am

I was dismissed whilst ongoing immigration case. I requested my employer to check with the employee checking service.
But they did not check. I went to employment tribunal and lost the case becuasue ET thinks that becuase they called the helpline so they made reasonable response and had reasonable belief that i could not work.
Manager knew that i applied in time and could work on previous visa condition which was work permit.
In all disciplinary meetings i requested to check with ECS but they did not.
I want to Appeal in EAT
Can anyone advice or help or had similar circumstances please contact

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Unfair dismissal due to ongoing immigration case

Post by secret.simon » Fri Nov 11, 2016 11:52 am

Your previous posts suggest that you were on a T1 Entrepreneur visa, but in this post you state that you were employed. You can not work for another business (i.e. one not owned by you) if you are on a T1E visa.

Can you state your entire visa history? Then we could perhaps guide you further.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

raheelmalhi
Newly Registered
Posts: 12
Joined: Thu Oct 11, 2012 12:09 am
Location: London
Pakistan

Re: Unfair dismissal due to ongoing immigration case

Post by raheelmalhi » Fri Nov 11, 2016 12:03 pm

At that time i had no visa and case was ongoing when i was dismissed.
I got visa after my dismissal

User avatar
CR001
Moderator
Posts: 88122
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unfair dismissal due to ongoing immigration case

Post by CR001 » Fri Nov 11, 2016 12:19 pm

What case was 'ongoing'?

What did you apply for that was 'ongoing'?

When did this happen?

You stated in previous posts that your Tier 1 Ent partner was refused. When were you on Tier 1 Ent?

You need to provide a bit more of your immigration history if you expect anyone to offer their advice, for free.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

raheelmalhi
Newly Registered
Posts: 12
Joined: Thu Oct 11, 2012 12:09 am
Location: London
Pakistan

Re: Unfair dismissal due to ongoing immigration case

Post by raheelmalhi » Fri Nov 11, 2016 12:27 pm

Thanks for you reply
1) Apllied Ennterepneur on feb 2013 in time.
2)
Visa refused sept 2013
3)
Apllealed allowed
4)
Home office appealed again in 2014 july
5)
Appeal allowed again july 2015
6)
XXXXXX let me work until january 2015 then dismissed me not providing right to work
7)
Went to tribunal April 2015 and won the victimisation, suspension without pay
8)
Unlawfull deduction of holidays
9Lost unfair dismissal bec ET thinks that XXXXXXX called the helpline and done reasonable act
Victimization band £1500-£8000 allowed and asked us to settle between us.
Last edited by noajthan on Fri Nov 11, 2016 12:33 pm, edited 1 time in total.
Reason: Removed company name

User avatar
CR001
Moderator
Posts: 88122
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unfair dismissal due to ongoing immigration case

Post by CR001 » Fri Nov 11, 2016 12:31 pm

Why do you think you were allowed to work for a company?

You were not, had no right to work, had an appeal pending for a visa category that does not allow you to be an employee.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Unfair dismissal due to ongoing immigration case

Post by noajthan » Fri Nov 11, 2016 12:42 pm

raheelmalhi wrote:At that time i had no visa and case was ongoing when i was dismissed.
I got visa after my dismissal
If previous visa had no right to work (and was then refused anyway) then you had no right to work from that avenue.

If no visa then on what basis (do you believe) you were remaining and able to work in UK?
If no visa at all ever then clearly you are on a sticky wicket.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Unfair dismissal due to ongoing immigration case

Post by secret.simon » Fri Nov 11, 2016 12:44 pm

raheelmalhi wrote:1) Apllied Ennterepneur on feb 2013 in time.
2)
Visa refused sept 2013
3)
Apllealed allowed
4)
Home office appealed again in 2014 july
5)
Appeal allowed again july 2015
From this summary, it seems that you were never actually issued with a T1 Entrepreneur visa. Is that correct?

What visa did you hold before February 2013?

And can you clarify step(3) above? Did you appeal and if so, to which tribunal/court?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

raheelmalhi
Newly Registered
Posts: 12
Joined: Thu Oct 11, 2012 12:09 am
Location: London
Pakistan

Re: Unfair dismissal due to ongoing immigration case

Post by raheelmalhi » Fri Nov 11, 2016 2:39 pm

Thats true

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Unfair dismissal due to ongoing immigration case

Post by secret.simon » Fri Nov 11, 2016 3:03 pm

What visa did you hold before February 2013?

And can you clarify step(3) above? Did you appeal and if so, to which tribunal/court?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

raheelmalhi
Newly Registered
Posts: 12
Joined: Thu Oct 11, 2012 12:09 am
Location: London
Pakistan

Re: Unfair dismissal due to ongoing immigration case

Post by raheelmalhi » Sat Nov 12, 2016 12:00 pm

Post study work permit

User avatar
CR001
Moderator
Posts: 88122
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unfair dismissal due to ongoing immigration case

Post by CR001 » Sat Nov 12, 2016 12:09 pm

raheelmalhi wrote:Post study work permit
I am not sure why you are so reluctant to provide information.

I am bored with this now (as other members might be too) as it is to'ing and fro'ing with questions to get clarity on your circumstances in order to provide advice and you are not responded more fully.

Good luck, but suspect you are grasping at straws. Your employer had no obligation to keep you employed and this really is not an immigration issue.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

abib1
BANNED
Posts: 13
Joined: Tue Oct 11, 2016 8:02 am

Re: Unfair dismissal due to ongoing immigration case

Post by abib1 » Sun Nov 13, 2016 9:13 am

I think your only option will be to file for asylum

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Unfair dismissal due to ongoing immigration case

Post by Casa » Sun Nov 13, 2016 9:35 am

abib1 wrote:I think your only option will be to file for asylum
Asylum isn't an Monopoly 'get out of jail card' for every failed application. :!:

The suggestion is a dis-service for all those who are genuinely entitled to asylum.

Please desist from advising this as you have done in the majority of your few posts on the forum.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

User avatar
CR001
Moderator
Posts: 88122
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unfair dismissal due to ongoing immigration case

Post by CR001 » Sun Nov 13, 2016 9:37 am

abib1 wrote:I think your only option will be to file for asylum
And you have also already been warned on 11th October to stop peddling nonsense posts about asylum claims. If you continue with posts like this, your access to the forum will be restricted.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Unfair dismissal due to ongoing immigration case

Post by Wanderer » Sun Nov 13, 2016 6:18 pm

abib1 wrote:I think your only option will be to file for asylum
Thereby making it much harder for genuine asylum seekers. Pathetic advice.

Makes me sick...
An chéad stad eile Stáisiún Uí Chonghaile....

Locked