IT company terminating employee in UK ?

[Visa_Novice]

HI,
I have applied for WP to tier-1 in country around a month ago. 10 days after of my application my UK project has abruptly closed and my parent IT company asked me to come to offshore immediately. I have informed them that I have applied for tier-1 so I can not come immediately as I do not have my passport with me. Since then they are insisting me to join in offshore and now it has gone to the head office and I have received mails from very senior people of company to report offshore within 2 days.

1) Has any body seen such case in past ?

2) What kind of actions u have seen companies taking in past ?

3) Do they terminate people ?...have you seen any body being terminated because of such reasons ?

4) Do IT companies file for liquidation damage claim as I have signed an undertaking before coming to UK ? Have you seen any such case ?

5) If my parent company terminates me then what kind of problems I may face while seeking job in UK ?

Any help will highly be appreciated...

Thanks.

[republique]

HI,
I have applied for WP to tier-1 in country around a month ago. 10 days after of my application my UK project has abruptly closed and my parent IT company asked me to come to offshore immediately. I have informed them that I have applied for tier-1 so I can not come immediately as I do not have my passport with me. Since then they are insisting me to join in offshore and now it has gone to the head office and I have received mails from very senior people of company to report offshore within 2 days.

1) Has any body seen such case in past ?

2) What kind of actions u have seen companies taking in past ?

3) Do they terminate people ?...have you seen any body being terminated because of such reasons ?

4) Do IT companies file for liquidation damage claim as I have signed an undertaking before coming to UK ? Have you seen any such case ?

5) If my parent company terminates me then what kind of problems I may face while seeking job in UK ?

Any help will highly be appreciated...

Thanks.

What does this have to do with immigration?
That is your employer, ask the HR department or go to the job centre.

[ChetanOjha]

Hi Novice,

You have raised the same queries in the thread below.Did it not answered your queries?

http://www.immigrationboards.com/viewtopic.php?t=37921

I hope reply from forumites in the above threads have answered all your queries. Anyway:

1. Almost everybody have this problem when they apply for Tier 1 and project closes. Companies generally do not want to loose good resource and also when employee leaves; it affect their PM's performance. So this is more of a pressure tactics which almost all companies exercise.

2. Companies cannot take any action as you have already told them that you have applied for Tier 1 and your passport is with Home Office. Does your company expects you to smuggle yourself to India without passport? Obviously not. No matter how high is the person in the company, can he give you in writing that you have to travel without passport or you will be fired.If yes, take them to the watchdogs, who will teach them a good lesson.

3.They cannot terminate you. You might have already told them(as in above thread) that you do not intend to leave the company. Just because you applied for Tier 1 and cannot join offshore operation due to unavailability of passport is not a legal ground of terminating you. If they do, sue them.

4. Don't know what you signed. Can you put the exact phrase of the agreement you did while coming to UK? Whatever agreement you did in India is not valid(90%) in UK. I had the similar situation where my company got a written agreement with me that I cannot join any of its client for 1 year. I took legal advice and it was all scapped. It is more like slavery, isn't it?

5.If your company terminates you(which I doubt), you have to find another job as you will have your Tier 1 by then and you will no longer need your company WP to work in UK.

Hope this answer your queries. Please do not use different threads for same querie. I understand it is stressful for you, but panic will lead you to nowhere.

HI,
I have applied for WP to tier-1 in country around a month ago. 10 days after of my application my UK project has abruptly closed and my parent IT company asked me to come to offshore immediately. I have informed them that I have applied for tier-1 so I can not come immediately as I do not have my passport with me. Since then they are insisting me to join in offshore and now it has gone to the head office and I have received mails from very senior people of company to report offshore within 2 days.

1) Has any body seen such case in past ?

2) What kind of actions u have seen companies taking in past ?

3) Do they terminate people ?...have you seen any body being terminated because of such reasons ?

4) Do IT companies file for liquidation damage claim as I have signed an undertaking before coming to UK ? Have you seen any such case ?

5) If my parent company terminates me then what kind of problems I may face while seeking job in UK ?

Any help will highly be appreciated...

Thanks.

[Visa_Novice]

Thanks chetanojha for your reply.
Sorry for the repeted thread but some of the queries were not answered in that thread so I created another thread.

I am bit relieved now.

Thanks

[maheshnair]

HI,
I have applied for WP to tier-1 in country around a month ago. 10 days after of my application my UK project has abruptly closed and my parent IT company asked me to come to offshore immediately. I have informed them that I have applied for tier-1 so I can not come immediately as I do not have my passport with me. Since then they are insisting me to join in offshore and now it has gone to the head office and I have received mails from very senior people of company to report offshore within 2 days.


1) Has any body seen such case in past ?
We had been advising you not to tell ur employer the truth .
I had also suggested you what to tell .
Now your employer has the right to cancel the work permit .
He can do it any time .
Never ever tell ur employer the truth . Tier 1 is against the companies policies . They cannot control people . No employer would like a Indian guy whom they sponser on tier2 comes here and shows fingure to them ...


2) What kind of actions u have seen companies taking in past ?
They will cancel ur work permit and u r left with 28 days and in ur case since u have applied for tier1 untill ur results .


3) Do they terminate people ?...have you seen any body being terminated because of such reasons ?
Yes . definitely . I have seen many guys terminated by IBM india .


4) Do IT companies file for liquidation damage claim as I have signed an undertaking before coming to UK ? Have you seen any such case ?

Usually they dont do . But they can .
My friend was asked to pay 15000 £ damages . finally settled @ 3000 £




5) If my parent company terminates me then what kind of problems I may face while seeking job in UK ?

Some agencies will ask previous employer references ....So ur employer will not give any references in this case .




BUT AGAIN , dont worry much .....If you get your tier1 , then just resign ...else if ur tier1 is rejected , then u r in soup ...Better pray ..



Any help will highly be appreciated...

Thanks.

[xpscapable]

5) If my parent company terminates me then what kind of problems I may face while seeking job in UK ?

Some agencies will ask previous employer references ....So ur employer will not give any references in this case .

[/quote]

Nah don't worry. Reference from company means nothing. It's professional reference that you need, e.g. from your managers, colleague etc.

[Visa_Novice]

Thanks everybody for your replies.