Can employer refuse to provide a letter?

[micasa]

Hi,

Can an employer refuse to provide a letter stating this person is needed for their work in the foreseeable future? He is a full-time employee with an open-ended contract but the company, who sponsors his Tier 2 General visa, is always seeking a way to reduce headcounts. He can apply for an ILR in 3 months, but if he does not get an ILR, the current visa will expire in 16 months. This seems to be a perfect way for the company to get rid of an employee without a redundancy package as he will need to seek another job or have to leave the UK when reaching the visa expiry. Wonder how people have dealt with uncooperative employers... Is there a way to make the employer provide the employment letter? It is just a worst-case speculation but it is a huge worry! Any advice would be much appreciated. Many thanks!!

[CR001]

1. Yes they could refuse.

2. No you cannot force them to write what you want.

[micasa]

Thanks for your answer CR001.

Can I ask one more question? If he gets the letter of employment now (i.e. 3 months prior to the application) would the letter be considered too old? It is better to find out the bad news earlier so he has more time to sort out alternatives. If things go well, he will have a good night sleep!

Thanks,