Hello
There is advice out there:
Citizens Advice
Direct Gov - Working Hours
You should not have to work more than 48 hours a week on average, unless you choose to, or work in a sector with its own special rules. Your normal working hours should be set out in your contract of employment or written statement of employment particulars
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If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce and you shouldn't be sacked or unfairly treated (for example refused promotion or overtime) for refusing to sign an opt-out.
If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. You can agree this notice period with your employer when you sign the opt-out. If no notice period is agreed then you only need to give one week’s notice of cancellation. You can cancel an opt-out even if it's part of a contract you have signed.
Direct Gov helpline
Contact point
Pay and Work Rights helpline
Phone number 0800 917 2368
If your hours have gone up that much, are you still getting the national minimum wage?
There are transitional arrangements for current work permit holders, but if you go to a new employer they still have to be licenced. You will automatically score points and not have to show certain things because you are on the old scheme. That said there are a lot of employers that have the licence. I have just done a quick estimate, and there are 11,000 on the list, and some of these are big employers:
PBS Register of Sponsors - Employers
See here about the transitional arrangements for Work Permits to Tier 2:
Transitional arrangements main page
Arrangement A
About not getting a pay rise, your employer is supposed to pay you the going rate for the job, so if the going rate goes up, really your pay should be going up too. However, in this economic climate it would be hard to change jobs as a work permit holder whether the scheme had closed or not in my opinion.
What is your role and what are you paid? No need to mention the name of your employer.
As an aside, you can report the employer. Whether you would want to do that before or after you leave is up to you:
Allegations of abuse of the work permit arrangements
202. An employer who uses deception to obtain a letter of approval may be committing a criminal offence. The UK Border Agency’s Intelligence Unit in Sheffield deal with information in respect of abuse of the work permit arrangements, carry out investigations and, if appropriate, inform the relevant authorities of its findings.
205. If you have information about abuse of the work permit arrangements, you can contact the Intelligence Unit at:
UK Border Agency
Intelligence Unit
PO Box 3468
Sheffield
S3 8WA
Tel: 0114 279 3480
Fax: 0114 279 3482
E-mail:
workabuse@homeoffice.gsi.go.uk
old Work Permit arrangements guidance
You also mentioned about the change from 4 years to 5 years until you are eligible for ILR. There is a discussion thread on this forum about that
here
The 4 to 5 year thing has already been challenged in court, and they lost the case in 2007. There has been talk in the thread above about doing a Judicial Review. Considering the last one was unsuccessful, I do not hold out much hope for one winning, but you never know.
Ooi & Ors, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 3221 (Admin) (18 December 2007)
Please also see if you score enough points to get Tier 1.
Regards
PP
