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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2047
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, If an employee who holds a tier 2 work permit in

Resolved Question:

Hello,

If an employee who holds a tier 2 work permit in the UK is sacked for gross misconduct, how long does she have to leave the UK?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

If you are sacked from your current employer the UKBA usually give you a window of 28 days to finish your affairs and depart the UK.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

Customer: replied 1 year ago.
Thank you. So what about if the employee wishes to take the employer to court because she believes that she is not guilty of gross misconduct?
Expert:  UK_Lawyer replied 1 year ago.

Thank you for your reply.

 

There is nothing stopping the employee bringing a case in the Employment Tribunal, but i would advise that she first issues a grievance regarding her dismissal so it can be investigated prior to going to court. The employee must be seen as acting reasonably.

 

The employee should also contact ACAS at the following link and speak to them about any concerns she may have by contacting the help line:

 

http://www.acas.org.uk/index.aspx?articleid=1410

 

If the employee wishes to take on employment with another employer wishing to sponsor her she is also able to switch employers, but an application by the new employer must first be submitted to the UKBA for a certificate of sponsorship.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

Customer: replied 1 year ago.
Thank you. Last question in relation to this is that does she have to sort out her appeal and etc within 28 days as it is the time given by the UKBA?
Expert:  UK_Lawyer replied 1 year ago.

Well she can appeal the decision but as I mentioned she has 28 days to leave the UK, she is more than welcome to contact the UKBA and explain the situation to them, but it will be difficult to deal with her appeal from abroad, she is better off writing to the employer and asking them to remedy the situation withing the 28 days allowing her to have a fair chance of defending her dismissal.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2047
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you

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