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?
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.
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?
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:
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.
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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).