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A Care Home being sold and Work Permit holders.

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Andy69
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Posts: 7
Joined: Sun Mar 02, 2008 9:03 am

A Care Home being sold and Work Permit holders.

Post by Andy69 » Sat May 10, 2008 10:00 pm

Hello, everyone. I have found an interesting web page about Work Permit holders and a Care Home being sold.
Here is a link.
http://www.ecademy.com/module.php?mod=list&lid=87783

Can anyone actually confirm this information? I found myself in the same situation and would appreciate if someone could shed some light on the matter. Is it really true your WP is invalid if your new company didn't bother to ask the Home Office to update your Work Permit?

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Frontier Mole
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Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Post by Frontier Mole » Sun May 11, 2008 12:46 am

It depends on how the care home was bought / transferred. If the company was bought outright by the new owner you are in the safe zone.

If only the assets were bought you have a problem. This is where employment law and immigration law collide. Unfortunately immigration law overrides employment law in most cases.

You will have had your employment rights transferred through TUPE see http://www.direct.gov.uk/en/Employment/ ... G_10026691 for basic information.

However TUPE does not confer the transfer of immigration entry conditions. The WP will only be valid if the whole company as an entity was bought. WP is issued to a business entity therefore if you are no longer employed by that same entity you do not have a valid WP.

I have seen cases where the employees are not even aware that a new owner is in place, operating under a different business or legal entity. They only find out when there are noticeable changes like the insurance certificate for public liability insurance states a different company name. This is extreme as there is a legal requirement within TUPE to inform the employees. At the low end of the employment spectrum there are many employers that have a total disregard for employee rights.

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