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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I started employment with my employer about six years ago on

Resolved Question:

I started employment with my employer about six years ago on a student visa working part time late turn only. Afterwards, I renewed my visa about five times with the UKBA while working for the same employer. Unfortunately, I was diagnosed with multiple medical conditions that affect my studies and I had to suspend my studies. The effect of suspension is curtailment of student visa and I had to applied under a different category namely article 8 to enable me extend my stay in the UK. Also, I was absent from work because my employer refused to make adjustments as recommended by their occupational health. The work I undertake and certain managerial behaviors led to exacerbation of my heath conditions. Afterwards, the physician recommends that I needed to start work in order to improve my condition. I informed the home office about this developments. While I was off sick, I raised grievances about managerial behavior and the way my sickness has been managed and went to the extent of engaging a solicitor before the company decided to address my complaints. Upon returning to work, I received number of hostilities from senior management and the company started a dismissal capability process. Unfortunately for them, there was a part time vacancy of 25 hours per week and I put in an application without informing the managers. I passed the interview and was offered the job at which point the management became aware. the management stated that I could not do the job unless I provide an educational certificate that confirms that I have finished my studies without explaining the relevance. I explained to the management that I have submitted my certificates to the UK as part of the application requirement and I am currently not on an extant student visa because I have applied under article 8 which is outside immigration rules. the reason why I could continue to work is because I put in an application with the UKBA before my last leave to remain expired and therefore it is treated as continuing with original restrictions( work 20 hours during term term and work full time when not in college) remain. I was told to request for my documents of which I explained it is not a reasonable option because that means withdrawing my application. Then management stated that I should contact the UKBA myself because it is a private matter. I explained to management that they can call the UKBA employer's helpline to find out about my status or carry out an employer's check and I put them through of how to do it. Following week, I got another letter requesting for my certificate and I requested for the reason why my certificate is required. The next thing is I got a letter that the offer has been withdrawn because the UKBA advised them that I could not work for more than 25hrs because of my student visa. I requested for a copy of the advice so that I could contact the UKBA but my request was declined. The senior manager also stated in his letter that he simply could not believe that I can submit my certificate to UKBA without making a copy. I was shocked by his statement as he has previously made some other similar statements that shows that he calling me a liar and I have no other option than to resign because of their failure to take their disability equalities duties seriously and there is no mutual trust and confidence. I would like to know my legal position.

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

hello there,


 


Thanks for the update.


 


I am ok to continuing to wait for you to help me find the right professional.


 


Regards

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

No worries.

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

It would appear that you have a good claim against your employer. You are correct that your previous leave to remain continues under S. 3C of the Immigration Act 1971 as amended until your new application is decided.

Your employer has a duty to make reasonable adjustments for you if you have a disability under the Equalities Act 2010 and they should have consulted the UKBA to verify your right to continue working.

Hope this helps. Can I assist further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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