Sacked from Job while visa was under process

[angelloveguy]

My friend is on Tier 1 General and currently working in a accounting firm, last month he sent his passport for Tier 1 General extention, he received an Acknowledgement letter from UKBA that application is received and under process.

He submitted that letter to the company, after 5 days he received a call from Compnay HR manager and she said that she want to speak to him. when he went to company , HR manager informed him that he is now legally not allowed to work as we have requested about your legal status from UKBA and we received a response from UKBA which states that you have no legal right to work as you have no pending application.

My friend told them that he already submitted an aknowlegement letter for his visa application to company then how can you stop me from working. but company HR manager said that as UKBA sent us a letter which states you can't work then I wont allow you to work.

after that the compnay sacked him and sent his P45 to his address.

Now yesterday he did received his Passport and his Biomatric card with visa.

he went back to the company but they said you are not our emploee any more and we can't employee you again.

Can someone help and let me know what options he have and what should he do now??

[shahjee11]

My friend is on Tier 1 General and currently working in a accounting firm, last month he sent his passport for Tier 1 General extention, he received an Acknowledgement letter from UKBA that application is received and under process.

He submitted that letter to the company, after 5 days he received a call from Compnay HR manager and she said that she want to speak to him. when he went to company , HR manager informed him that he is now legally not allowed to work as we have requested about your legal status from UKBA and we received a response from UKBA which states that you have no legal right to work as you have no pending application.

My friend told them that he already submitted an aknowlegement letter for his visa application to company then how can you stop me from working. but company HR manager said that as UKBA sent us a letter which states you can't work then I wont allow you to work.

after that the compnay sacked him and sent his P45 to his address.

Now yesterday he did received his Passport and his Biomatric card with visa.

he went back to the company but they said you are not our emploee any more and we can't employee you again.

Can someone help and let me know what options he have and what should he do now??

If his contract of employment has been terminated only because his application was under consideration, then this will be an unfair dismissal. An employment law solicitor can help him with that or he may wish to speak to his Trade Union if he is a member of one.

[bond.boy203]

Definitely contact an employement solicitor and take this up with tribunal. if pending visa was the only reason they sacked him...

[AccountantMatthew]

.... yep the friend needs to go and get some legal advice on this. Definitely not one for this messageboard.