Help my company is firing me because I am on HSMP

[KGaurav]

Hi Guys,

I have been told by my company that since I am a HSMP holder I will need to go. Apparently if a company takes a HSMP holder then they need to advertise for the role at jobcentre and in papers before offering it to a HSMP holder. I thought this rule was only for Work Permits and not HSMP but I need to show them some documentary proof because obviously someone is confused. My EC was stamped in February 2008 and I joined my current job about 3 months back. Someone please help me by showing me what the rules say and what recourse do I take.

[ci07jjs]

Sounds like you need to educate your employers about hsmp. Not every employers are aware of HSMP and is a common misconception of the differences between hsmp/workpermit.

[nksg]

Agreed to previous poster as HSMP is a permit free visa. I think you need to look for the T&C on HSMP (which you will be able to find from bia website) and show it to your employer. Or you can ask your employer to call up employee helpline to confirm your status... unless you are working for some non british company who r just bluffing so to scare you..

What ever your employer has told you, applies for T2 (previously known as WP)

Hi Guys,

I have been told by my company that since I am a HSMP holder I will need to go. Apparently if a company takes a HSMP holder then they need to advertise for the role at jobcentre and in papers before offering it to a HSMP holder. I thought this rule was only for Work Permits and not HSMP but I need to show them some documentary proof because obviously someone is confused. My EC was stamped in February 2008 and I joined my current job about 3 months back. Someone please help me by showing me what the rules say and what recourse do I take.

[KGaurav]

Where can I look up the T&C and the employee helpline number. My HR are not willing to listen to me. In case they try to fire me just because of the HSMP issue what can/should I be able to do. I don't want to lose my job because someone somewhere is not educated about the rules in HR.

P.S. I have submitted my HSMP approval letter, my EC and Visa and with reference to nksg my company is British.

[nksg]

Please refer to the link below for your employer so they can check with UKBA on your status.. The numbers are on the pages...

http://www.ukba.homeoffice.gov.uk/emplo ... pport/ecs/

http://www.ukba.homeoffice.gov.uk/emplo ... ersupport/

and if you google T1/HSMP rights to work in UK i am sure you will be able to find lots of information....

[f2k]

Hi Guys,

I have been told by my company that since I am a HSMP holder I will need to go. Apparently if a company takes a HSMP holder then they need to advertise for the role at jobcentre and in papers before offering it to a HSMP holder. I thought this rule was only for Work Permits and not HSMP but I need to show them some documentary proof because obviously someone is confused. My EC was stamped in February 2008 and I joined my current job about 3 months back. Someone please help me by showing me what the rules say and what recourse do I take.

ummmm. They already hired you so why do they need to advertise the job. As other posters said they only need to advertise for jobs for which they want to apply for WP/tier 2. There may be something sinister about what your company is saying.

[republique]

Where can I look up the T&C and the employee helpline number. My HR are not willing to listen to me. In case they try to fire me just because of the HSMP issue what can/should I be able to do. I don't want to lose my job because someone somewhere is not educated about the rules in HR.

P.S. I have submitted my HSMP approval letter, my EC and Visa and with reference to nksg my company is British.

Sounds like a good law suit to me.
I find it hard to believe that they will retroactively determine that they shouldn't have hired you before advertising you for the role.
Sounds like they are taking the piss to me.

[munisa]

Hi Guys,

I have been told by my company that since I am a HSMP holder I will need to go. Apparently if a company takes a HSMP holder then they need to advertise for the role at jobcentre and in papers before offering it to a HSMP holder..

This is both unfair and totally illegal. They must follow the law or else be prepared for a battle. Dont go down without a fight. Being a foreigner on HSMP doesnt make you a lesser being in law.

[netacct]

If they fire you, make sure that you take your case to Employment Tribunal for unfair dismissal.