My Rights as an Employee

[Giosseppe]

Hi Guys

I have recently discussed the possibility for my employer to sponsor me (currently holding a PSW) and they have accepted but you all know that on the 19th of July new regulations were introduced by the HO making the process of sponsorship a bit difficult limiting my chances for a career progress as I will be working with this particular employer for a long period...

After thinking about my career progress I came to the conclusion that I might have to leave the country and progress back home... I have made my manager aware verbally that I will be leaving when my Visa Expires wich will be by the end of February 2011

The employer has already started looking for a replacement so now I am concerned about the possible scenarios:

If they found somebody to replace me Will they have the right to dismiss me (my question could be silly) or do I have the right to stay until I hand my notice in ? (1 month)

Your advice and constructive comments will be much appreciated

Regards

[kenfrapin]

It's unfortunate for you but its true that the Govt has made in country sponsorships for work an incredibly impossible task.

Regarding your employment, I can provide the following scenarios
1. Your contract terms - Based on your notice period being anywhere between 1 and 3 months, the employer or you can provide the required notice to terminate employment
2. Secondly, in most cases, employers terminate due to breach of contract which is extreme OR make you redundant because your specific roles no longer has any demand for work
3. As you have told you employer already you have, unfortunately made a grave mistake and sort of shot yourself in the foot. As its near XMas, it makes sense for them to find a replacement for you for Feb 2011

Taking into consideration all these factors, and clearly assuming you are a decent performer carrying out work as expected or better than expected, chances of your employer removing you before Feb 2011 is rare.

The biggest worry is that as you have just 1 month's notice and your employer is now searching for a replacement, it not unknown or surprising that they may replace you as soon as they find the right person for your job. Legally, your employer is covered and doing the right thing because it's you who informed them of your visa restrictions so, if questioned, they can very clearly state they are removing you because you can no longer continue beyond Feb 2011 and they want someone to step in much earlier. As long as they give you 1 month's notice there is nothing you can challenge them on.

Sorry to say there is no clear cut answer to this. You could approach your main manager/head and clarify that you want to have your job until Feb and to not get a replacement before hand but this is not simple if there are many more factors for your employer to consider

Fingers crossed you wont have issues until Feb 2011
KP

[kenfrapin]

Further, I guess you need to hit the £50k salary to get an extension to your PSW visa. If your salary is quite close to this then you could try to convince your employer to give you a one off bonus to get you over the £50k mark and then extend your visa?
This is, again, not unknown for a employer to accept and if you agree to commit to not leaving the company for the next 12 or 24 months, your employer may accept it as investing in a new resource starting from scratch requires more than keeping you on.

I am only suggesting the above because you initially stated the plan was for you to work long term with your employer and that they were even ready to get your visa done which means they are interested in trying their best to retain you - so probably an option to consider though I am making a lot of assumptions as I have no idea whats the status and conditions of your PSW visa

KP

[Giosseppe]

Dear kenfrapin

Many Thanks for your reply and valuable information

In the contract its says

Notice from employee:

1 month

From employer

1 week

does it mean that they will give me 1 week notice if they found a replacement ?

is it possible for me to hand my notice in advance and put the date when I want to leave or doest it have to be 1 month ?

Actually there was no other way for me to avoid telling them That I will be leaving as I had to make a decision on wether to stay or leave and let them know so they can start the sponsorship process or not

In regards to wages what I am on now is away far from the 50K bar HO has made it funnily tight I am not evening dreaming about it

Regards

[kenfrapin]

In the contract its says

Notice from employee:

1 month

From employer

1 week

Is this all your contract seriously says about termination? If yes, then sorry to say that it doesn't seem to be a very professional company. For permanent roles, it's either the same for both sides or more from the employer. Also, to be on PSW means you have done your Masters in some area and yet, salary is way off the £50k mark?

Anyways, if this is what your contract states then all your employer has to give you is 1 week's notice - nothing more. At any point in time if you officially give notice, then your 30day clock starts to tick. No, you cannot give notice now and demand to leave in Feb 2011

Regards
KP

[avjones]

How long have you been working for the same employer?

[renzokuken]

Is this all your contract seriously says about termination? If yes, then sorry to say that it doesn't seem to be a very professional company. For permanent roles, it's either the same for both sides or more from the employer. Also, to be on PSW means you have done your Masters in some area and yet, salary is way off the £50k mark?

It is not uncommon for companies to pay crap salary for people on PSW, a friend of mine who has work experience and graduated from prestigious university in London only getting paid £26K/annum.

[Giosseppe]

How long have you been working for the same employer?

Hi its been a year and 1 month now

your advice will be much appreciated

[avjones]

Over a year, you have some protection against unfair dismissal.

[1971]

Hi,

Have you considered the option of setting up a self-employed business to make up the remaining part of the money that will get you through to the threshold?

Cheers
1971.