I was a permanent employee in UK. My case is related to my employer not allowing me to join work in UK as I am a national of another country and was out of UK on maternity leave. My work permit and UK visa were up for renewel but they misguided me verbally that I was not eligible for extention of my work permit due to government laws which was not the case. I did not do any investigation of my own at that time and accepted the termination.
We have already exchanged our doucments but I made the mistake of disclosing my list first. Anyway, employers had filed a theft report that included company's computer from HR's home within days after recieving my greivance notice. They claim that they do not hold old documents which I required to prove point that employer had a history of not having any procedures in place.
When I asked them to forward all documents/ emails that have been exchanged since I notified of my start of maternity leave, their solicitor said that I can only ask for relevent documents and that I was trying a 'fishing expedition'. I told them that as I need to prove certain points of my case so any information that they may think is not relevent to the case even then I do have the right to examine it. But I was told that they did not have any further information.
We need to exchange witness statement in about 7 days time. I was busy preparing the bundle all this while so it has left me in a bit of tight spot regarding number of available days.
There were only verbal communications between my employer and me regarding me wanting to join work and they telling me that they would not sponsor me any further. However, in ET3 response they claimed that I showed no interest in coming back and as my visa had expired so they had no choice but to terminate my work. Employer had categorically told me that they were not going to sponsor me further and I could not have travelled to UK with a few months old baby when my visa expiration date was just 3.5 weeks away not knowing where I stood with the company and legal status in UK. I have unused return ticket and ongoing mobile bill payments to prove that I had every intention to return to work in UK. They also claimed that I left no forwarding address when they always had my permanent address and current phone number.
As all this conversation took place verbally and employer provided me with no written notices from them about joining date and no notice period, how do I prove my point that they misled me into believing that I was not entitled for continuation of employment which was the reason I did not return to UK before my visa expiry.
thanks Jari, but employers are not exactly falling over themselves to employ out of work new mother.
We have already exchanged our doucments but I made the mistake of disclosing my list first. Anyway, employers had filed a theft report that included company's computer from HR's home within days after recieving my greivance notice. They claim that they do not hold old documents which I required to prove point that employer had a history of not having any procedures in place.
When I asked them to forward all documents/ emails that have been exchanged since I notified of my start of maternity leave, their solicitor said that I can only ask for relevent documents and that I was trying a 'fishing expedition'. I told them that as I need to prove certain points of my case so any information that they may think is not relevent to the case even then I do have the right to examine it. But I was told that they did not have any further information.
We need to exchange witness statement in about 7 days time. I was busy preparing the bundle all this while so it has left me in a bit of tight spot regarding number of available days.
There were only verbal communications between my employer and me regarding me wanting to join work and they telling me that they would not sponsor me any further. However, in ET3 response they claimed that I showed no interest in coming back and as my visa had expired so they had no choice but to terminate my work. Employer had categorically told me that they were not going to sponsor me further and I could not have travelled to UK with a few months old baby when my visa expiration date was just 3.5 weeks away not knowing where I stood with the company and legal status in UK. I have unused return ticket and ongoing mobile bill payments to prove that I had every intention to return to work in UK. They also claimed that I left no forwarding address when they always had my permanent address and current phone number.
As all this conversation took place verbally and employer provided me with no written notices from them about joining date and no notice period, how do I prove my point that they misled me into believing that I was not entitled for continuation of employment which was the reason I did not return to UK before my visa expiry.
thanks Jari, but employers are not exactly falling over themselves to employ out of work new mother.