Post
by jbinuk » Thu Jan 04, 2007 11:45 am
Sorry about your dismissal.
I think it depends on the outcome of your appeal. If you win your case and the the court's decision is for your employer to reinstate you job then you will be treated as if you were not dismissed. The court may also decide to re-engage you or compensate you were able to justify that you were unfairly dismissed. You should also ask the HO, however, they wouldn't be able to give you a direct answer and most often they will say that it depends on the assessment case worker when you apply for ILR.
I know a friend who recently had a similar case as yours. She was dismissed by her employer because when she applied for FLR(IED), the HO refused her application because she used an out-dated application form. However, by the time she was informed that her application was refused, her 6-month period she you needed to for FLR had already expired. She then went to HO personally and tried to re-submit another application. Unfortunately, they refused her application again because HO said her WP has already expired because it's already over 6 months (By the way, she is due to apply for ILR on April2007). She immediately informed her employer, but instead of helping or guiding her in resolving the situation, her employer immediately dismissed her. The reason of the employer was that it is already illegal for them to employ her because her application was refused, without carefully looking into her case. She then sought an advice from a solicitor. The solicitor submitted a new application and attached a letter explaining what happened and my friend should have been able to re-apply prior to 6-month expiration for FLR using the new application form if HO have had informed immediate that her form was incorrect. And also the solicitor wrote a letter to her employer informing them that they must suspend her dismissal and that she was sorting things out with the HO. But her employer still proceeded with the dismissal and in fact, my friend had received her P45. But luckily, her FLR application was reconsidered by HO and was granted with a new FLR. Her employer then had no choice but to reinstate her job. She also called the HO to verify if her case will affect appilcation of ILR on April but as what I have said, they couldnt give her a concrete answer..
Goodluck and I hope you'll be able to resolve your case in your favor. Don't give up if you think you were treated unfairly.
