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?
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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.
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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:
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.
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.