WP changed to Tier 1 - Employer asking to go back to India

[itprogo]

Thanks

[fisher]

I switched over from WP to tier 1 Visa and have stayed with this Indian company. My work is continuing but my employer is asking me to go back to India. I have personal reasons to stay and work in the UK to take better care of my disabled child. Even after repeated requests the HR and managers are not listening.

Now, they have started finding another person for my job. Customer is happy and supportive but company is ardent to ask me again and again to go back to India. I have told them i won't be able to go back to India. I am currently waiting for their reply.

I want this forum to rise up and tell me about my rights and responsibilities as well as my employers.

Is it possible to snatch my job and give it to some one else for no fault of mine?

What can i do about them continuously threaten me to go back to india when i have told them in black and white that i cannot?

Employer sites rotation policy to send me to India. Allegedly, they send employees to UK and call them back so that new employees can go. Taxation seems to be plausible reasons behind this.

I am no lawyer but understand common sense prevails. In this case, my company is putting me in communication black out and the situation is getting Urgent.

I'd be grateful for informal as well as learned replies. Thanks for your time.

which company is this? do you have written proof from them?

[Sky_High]

If your contract says that you have to work on different site as and when employer requires and you do not do this, than you are breaching the contract. I think that they are thinking to dismiss you. You may need to consultant a solocitor who is expret in Employment Laws. If you cant than ccitizen advice bureau could also give you some help and info. Try the net to join a Employment related forum. You can also get help from union (Join them if you have not).

As you already have T1, you are free to find the new job in UK. I think that you sould start your search ASAP.

[ArgieBee]

I know someone who was in a very similar situation. They contacted solicitors and I contacted a senior union person in Unite for them. No luck.

If the sponsor wants to send you back or get rid off you then you don't have many rights especially under tier 2 ict.

Find a job with a proper UK employer and threaten to report your sponsor if they have not paying you what they should have (get a p60).

[ArgieBee]

If they operate a rotation policy and move you back before 2 years then they are probaby claiming tax back for you but keeping it. The UKBA know about this scam used by certain Indian IT companies and it was in the policy updates recently.

[itprogo]

Thanks

[dima]

Hi All, Thanks for your valuable replies.

I have T1 and therefore I am free to search for any job in the UK. With TC. S

i have spent around 11 years and really would be willing to work with them even on the current visa.

The problem is their constant rheoteric of saying i will have to go to India without giving any solid reason except for rotation policy which anywhay is not published or its implementation transparent (favour iate es).

I want to know would it not amount to constructed dismissal if at all they try to do this?

I have worked sincerely. Customers have praised and elevated my responsibilities. Its only my company TC. S thats creating this big unnecessary problem.

I have already asked them to give me contract of UK employment but till date haven't had any reply.

If someone turns up for taking handover from me, what should/could/must i do?

I want to openly discuss this with TC. S management but they are not responding at all.

Best regards
itprogo

I believe, many companies have HR policy saying that the employee working abroad should & must be under thier "work permit". Now, in your case ,you have changed your immi status from WP to Tier1 It may be against their company policy hence they are asking you to go back to India.

[Pierrot95]

What can i do about them continuously threaten me to go back to india when i have told them in black and white that i cannot?

Honestly I don't think there is anything you can do about your employer's decision. I suspect that your contract doesn't allow you to choose whether you work in UK or in India.
Just find another job as you are allowed to.

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[geriatrix]

The organization has every right to post you at any office as they seem fit. If you read through your employment, IMHO, you'll find something to this effect mentioned in there - it is a standard clause that every employer includes in their employment contracts!

If the contract says so but you refuse to relocate for personal reasons, the company can dismiss you and employ someone else in your place.

regards

[itprogo]

Thanks.