suspended from work while applied for PR pls help

[raina123]

hello,
I made an application for PR on 5th of may 2016 and residence card expired on 24th May and today have been suspended from work citing that have no right to work in uk as i have not received no form of acknowledgment from home office yet, no biometrics letter no email nothing. Guys please advise what can i do ?
Any emails where i can pursue them to give me some sort of evidence to save my job
I have tried calling european enquiry centre but they are of no help at all
please help
Regards to all

[noajthan]

hello,
I made an application for PR on 5th of may 2016 and residence card expired on 24th May and today have been suspended from work citing that have no right to work in uk as i have not received no form of acknowledgment from home office yet, no biometrics letter no email nothing. Guys please advise what can i do ?
Any emails where i can pursue them to give me some sort of evidence to save my job
I have tried calling european enquiry centre but they are of no help at all
please help
Regards to all

You have legal recourse, as per here:
https://www.freemovement.org.uk/sponsor ... dismissal/

The Claimant’s case in the Employment Tribunal, and on which she succeeded after her first instance appeal was dismissed, was that she had been wrongly suspended without pay and that she had always been entitled to work in the UK as the family member of a EEA national. It did not matter, as His Honour Judge McMullen QC accepted, that she did not have the necessary residence documents. Those documents did not give her the right to work – they were simply evidence of the existence of that right, which came into being because the Claimant was married to an EEA national.

As long as you still have a sponsor who is a qualified person (in UK) you do actually have the right to work even if you don't have a card to prove it simply.

Suggest explaining the matter to HR department (who are possibly unfamiliar and unskilled in this area).
Take the a print out from the linked article with you - it may help.

If you are suspended and do lose pay you will be entitled to file a claim for compensation.

Seek support from a sympathetic line manager or union official to back you up if you need it.

Worst case: seek professional advice from a qualified and experienced lawyer (maybe costly).

[raina123]

Thanks a lot for this piece of advice but i think they are too scared or too dumb to understand the legality of the situation all they kept on saying was we can't risk getting 20k penalty i had some documents regarding euro directives and ofcourse bank statement showing them how money was taken by home office for application and tried to explain that i have made an application before my RC ends my immigration status continue until my application is decided,and that my wife is working and exercising treaty rights for last 6years But they were not even willing to listen or read anything provided in meeting and got a letter today in post by special delivery that i have been suspended from work
They r insisting on getting the home office email or letter snet to me as part of the evidence, Is there any ways i can contact home office to sort this problem? Feel very depressed and hopeless really have done nothing wrong but still ending on the wrong side for doing the right thing
Thanks once again for ur advice on the matter
Regards

[noajthan]

Thanks a lot for this piece of advice but i think they are too scared or too dumb to understand the legality of the situation all they kept on saying was we can't risk getting 20k penalty i had some documents regarding euro directives and ofcourse bank statement showing them how money was taken by home office for application and tried to explain that i have made an application before my RC ends my immigration status continue until my application is decided,and that my wife is working and exercising treaty rights for last 6years But they were not even willing to listen or read anything provided in meeting and got a letter today in post by special delivery that i have been suspended from work
They r insisting on getting the home office email or letter snet to me as part of the evidence, Is there any ways i can contact home office to sort this problem? Feel very depressed and hopeless really have done nothing wrong but still ending on the wrong side for doing the right thing
Thanks once again for ur advice on the matter
Regards

The problem is if they or you contact HO, HO is likely to say "unable to confirm at this time" - which gives the wrong (scary) message to uninformed and ignorant employers.

Look on the bright side, sounds like your employer is setting themselves up to be liable to pay you compensation

If they are so innocent/inexperienced/dumb (whichever it is) you may have to find a migrant support lawyer or a community law centre or a high-street lawyer to help you make your case.

[Petaltop]

Look on the bright side, sounds like your employer is setting themselves up to be liable to pay you compensation

How is that looking on the bright side? That will almost certainly mean that they will get rid of him with the first chance they get. That would also make him virtually unemployable as word gets around. At the very least, they would likely then stay away from giving employment to family members of an EU citizen.

[noajthan]

Look on the bright side, sounds like your employer is setting themselves up to be liable to pay you compensation

How is that looking on the bright side? That will almost certainly mean that they will get rid of him with the first chance they get. That would also make him virtually unemployable as word gets around. At the very least, they would likely then stay away from giving employment to family members of an EU citizen.

English gallows humour in the face of adversity (We're famous for it).

[Carling40]

hi raina123, This is a bad situation/scenario and i can imagine how you feel, i hope you've been suspended with pay? you might need to speak to specialist in employment law and talk about compensation and i aint kidding. citizens advice might help or some free confidential legal advice expert. Depending on the size and type of organisation i'd suggest you inform them it is their legal responsibility to check and confirm your right to work with the home office, i stress the word right!. the vignette or card they'd like to see is merely a confirmation of the right you have as a direct family member as you are not legally required by law to have one, although its helpful. They should contact the home office and carry out a Employer Checking Service (ECS), This should (hopefully) come back with a positive verification that gives the employer a statutory excuse of liability(says you can work) for 6 months while your application is dealt with. it might be worth asking a solicitor to write to your HR department to tell them you intend to legal action against them for breaching your rights.
if i think of anything else you can do i'll be in touch. keep your head up and keep fighting.