Can my employer ask me to leave?

[theuniverse]

Hi everyone,

I applied for an EEA2 application almost a month ago and my employer is asking me to leave my job, because I'm not able to provide them

COA. I keep calling and writing to Home Office, but they say it's still under consideration and they need to validate my application. Is there

anything I can do to save my job? And can my employer ask me to leave because as a matter of fact I'm legal to stay and work here?

Thanks!

[thsths]

And can my employer ask me to leave because as a matter of fact I'm legal to stay and work here?

No, the employer cannot ask you to leave, and the employer cannot terminate your contract for this reason either (but they might do it anyway!). You have to understand that the employer gets threatening (and most likely incorrect) letters from the UKBA, so you should talk to HR about it. They have to make a difficult and potentially expensive decision, so try to give them the evidence they need to understand that you are working legally.

[theuniverse]

Thanks for your reply. I wonder if I ask them to call the employers' helpline, will it be enough of a proof for them(any idea what the helpline could tell them?). Thanks

[Directive/2004/38/EC]

How long have you been working at the job?

Are you married ot the EU citizen?

[vinny]

See also Sponsors, paranoia and unfair dismissal.

[theuniverse]

Thanks for your replies, I've at this job for over 5 years now and yes I'm married to the EU citizen. Thanks for the link, vinni, very informative.

[Directive/2004/38/EC]

You have a right to work. If UKBA is unwilling to confirm that to an employer, you might have grounds to sue.

Maybe ?? have the employer call the employer helpline.

[theuniverse]

Thanks for your reply, Directive/2004/38/EC, I gave my employer the number to call, which they will call maybe tomorrow, but I called it myself and explained that my employer is asking me for COA which I cannot provide since UKBA is still considering my application, he then asked me same question as you did- how long I've been with the company and if I had a EU spouse residence card when I joined the company, then he said my company can call them and they would confirm they won't be liable to pay any penalty for having me as their employee. Hopefully when the company calls they will get the same answer...

[Directive/2004/38/EC]

Work closely with your employer. Make sure they called, and make sure they got the positive answer. If they got a negative answer, have them call back again with you in the room so that you can guide the phone call to a good conclusion.

[Punjab]

ask him to give the reason in writing and when you have it SUE his mule on unfair dismissal.

you can even complaint now to head office of your company about you being harrased by him