maomao
普費斯
Well, as she hasn't been sacked yet her working visa is good at least until the tribunal is over and she is currently making a visa application on another basis so shouldn't be a problem.
Withheld wages and possible unfair dismissal - employment and visa problem
- Thread starter maomao
- Start date
Well, as she hasn't been sacked yet her working visa is good at least until the tribunal is over and she is currently making a visa application on another basis so shouldn't be a problem.
Tacita
Pipe Dreamer
maomao
普費斯
She hasn't had a work permit for long enough to apply for that (would qualify in October this year). Didn't really want to bring her (or my) personal life into this thread but since starting this thread she's moved in with me and we have just applied for a Certificate Of Approval to get married so she should be able to get ILR before that. (we're both very happy about this, it's not a marriage of convenience)
cesare
shady's dreams ♥
Well, as she hasn't been sacked yet her working visa is good at least until the tribunal is over and she is currently making a visa application on another basis so shouldn't be a problem.
Remedies hearing is just to decide on award (£) - that's why she has to go armed with evidence of loss. From what you've said, the main tribunal is already over.
Congrats anyway, ET and personal
Congrats!
if you need any advice on this i've just gone through the COA, then Fiancee Visa (as it didn't turn up in time and my then fiancee had to go home to Oz to apply) then 2 year LTR (Not ILR, after) with my wife, feel free to PM me
can recommend this forum as well
http://www.ukresident. com/forums/index
you have to pay £5 for the good bit (annoying) but it's got a lot of people going through the same stuff as you (and immigration advisors) posting.
maomao
普費斯
Thanks for that, will have a look and probably end up paying, it's all a bit daunting.
it is the single most stressful thing i have ever done in my life, i am afraid to say.
all i can say is at every stage overload them with supporting information!
the paying on that website is worth it unfortunately, they have a members section for each possible visa application and it is a great resource.
good luck, report back!
maomao
普費斯
Claimed a lot more. We involved two lawyers. The first one was on a phone help line and was advising me how to make the claim on her behalf. She suggested only claiming for the unpaid wages to keep it simple. Then a lawyer from her local law centre agreed to file the tribunal and represent. He seemed a bit pissed off that we'd asked another lawyer for advice and possibly because of this advised the exact opposite. Everything on your list was claimed except unfair dismissal (visa issues, if she admits she's been dismissed then she kind of doesn't have a visa, very grey area but we didn't want to explore it) and not providing wage slips (as at the last minute he gave her three years worth). We also added claims for sexual harassment and discrimination (fairly low level stuff but did happen throughout her employment) and also the fact that she wasn't paid the minimum wage for the first two years of her employment and that she was never paid the wage stated in her contract (which she had seen but was never given a copy of).
So she could be looking at a large payout, which wasn't the intention, she just wanted her job back originally. Though given that her boss seems to feel UK law and courts don't apply to him I'm wondering how easy it's going to be to actually get the money out of him.
ViolentPanda
Hardly getting over it.
That'll depend on how much he likes the idea of being rendered bankrupt if he doesn't pay up, IIRC.
cesare
shady's dreams ♥
Ooo excellent
But, yeah, enforcing the award might be an issue cos the tribunal doesn't have enforcement powers. So if they didn't pay up it would be a civil claim. But the tribunal decision (make sure you ask for full written reasons in the Judgment) is a pretty solid launchpad for a civil claim if they don't pay up, plus you can claim costs in the civil court if it gets that far.
maomao
普費斯
She was actually a very nice person and went out of her way to call me to explain parts of it that my friend hadn't understood. She was willing to file the claim though wouldn't have been able to represent as she was based in Yorkshire. And I'm pretty sure we contacted her through one of the numbers given on this thread.
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