Hi, I wonder if anyone would know the answer to this. I applied for, and accepted a job and in the hiring process was told my ILR was insufficient as it was in an expired passport. I haven't needed to travel in years so was lax about renewing it. I applied for my new passport and the new company decided to take me on anyway, but didn't give me a written contract. A month or so later they told me I had to stay off site until I received my passport as I they didn't want to risk a fine from Immigration. Then a couple of weeks after that I was let go, having been employed there just over a month (although without a written contract). I later applied for a BRP (NTL), and have just had my biometrics done.
Can anyone help answer the following:
1) Are they legally obliged to pay me for the time I worked? I understand there's normally a 3 month time limit to contest disciplinary action, though this wasn't really disciplinary and the Director made clear they wanted me back as soon as I had documentation.
2) If they didn't take me back could I take legal action to recover lost pay? If they hadn't offered me a job knowing I didn't have documentation I wouldn't have left my old job and lost months of pay. And at no point before I started did they say I wouldn't get a written contract, or not be paid until my documentation was accepted.
3) Can I work while my application is being processed? Tbh I still would go back to the company, apart from this HR f***up they are a very good company to work for.
After the rule change in 2014 I only had two jobs and knew both employers personally, which is probably why they accepted my old ILR stamp. I had no issue working or paying tax, and had no idea the BRP even existed until this year.
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