Can anybody provide a link to BRP and notice period?

FlorayG

My friend on a visa has a new visa and new BRP for her new employer. The rules say she has to work for the sponsor holding the BRP. however her old employer says she has to work a month's notice
I can't find any government documentation relating to this, only the basic rules for applying for a BRP
. Can anybody help? Her new employer says she is obliged to go straight to them and her current employer says she must work her month's notice
No opinions, please. I need to find some facts. Thank you

Marcon

FlorayG said:

My friend on a visa has a new visa and new BRP for her new employer. The rules say she has to work for the sponsor holding the BRP. however her old employer says she has to work a month's notice
I can't find any government documentation relating to this, only the basic rules for applying for a BRP
. Can anybody help? Her new employer says she is obliged to go straight to them and her current employer says she must work her month's notice
No opinions, please. I need to find some facts. Thank you

Not sure if this helps, but I hope it might: https://www.gov.uk/skilled-worker-visa/update-your-visa-if-you-change-job-or-employer

in particular:

When to apply to update your visa

You can apply to update your visa up to 3 months before the start date of your new job.

You can continue working in your current job while your new application is being considered, or to work out your notice period - as long as you apply before your current visa expires.

You should not start your new job until you’ve got confirmation of your new permission.

LinLui

The BRP has absolutely nothing to do with employment. It is a residence permit which can only confirm your identity,  right to study or right to public services and benefits. It may contain your national insurance number. It can form part of the evidence for the right to work / visa process (as an identity check) but that is all. 

Visa rules do not override employment law. If she leaves before serving her notice then she can be sued for quantifiable losses,  and may be in breach of her existing visa.  Having a visa doesn't allow people to act with impunity. Work visas normally have an expectation that someone doesn't just start immediately - there is usually a few weeks before someone takes up a job. 

I think your friend needs to properly familiarise herself with UK employment laws / visa requirements and stop making it up as she goes, or find a proper support service that will assist her in navigating these issues. She must have known she had to give notice. If she didn't she should have. Both employers know that notice periods exist. The new employer could not reasonably expect someone to leave without notice. They will have asked about such things. Did she specify a start date without telling her existing employer / handing in her notice? 

LinLui

Just to add,  assuming she is on a tier 2 visa,  the rules very clearly state that you can work notice...https://www.gov.uk/skilled-worker-visa/update-your-visa-if-you-change-job-or-employer

Phoenix72

This is clearly linked to OP's other thread - https://forums.moneysavingexpert.com/discussion/6546060/leaving-job-and-taking-holiday#latest.

As already said the BRP has zero to do with employment law and there are no loopholes that will help your friend. They either breach their existing contract and take whatever repurcussions come or don't and work the notice period.

FlorayG

LinLui said:

Just to add,  assuming she is on a tier 2 visa,  the rules very clearly state that you can work notice...https://www.gov.uk/skilled-worker-visa/update-your-visa-if-you-change-job-or-employer

Thank you @LinLui that's the bit I need
"You can continue working in your current job while your new application is being considered, or to work out your notice period - as long as you apply before your current visa expires."
And for those saying she needs to learn better - this is her current and her future employer disagreeing on the rules, so it's hardly her fault. It seems her current employer has it correct 

LinLui

Yes.  "How does my friend get out of serving notice" is becoming a little "trying".

OP, like anyone else,  your friend is perfectly free to walk out without giving notice. Slavery had been abolished. But she freely entered into an employment contract,  and if she breaks that contract then there may be consequences.  That is true for anyone,  including UK citizens. However,  UK citizens may consider the risk very low ( and it is) because they cannot have their visa rescinded and they cannot be deported. It is possible that the existing employer won't do anything if she simply leaves. But that is a risk she will have to take if she wishes to leave without working her notice. Keep asking a new variation on the same question won't get you a different answer. A good friend would just explain that fact to her. 

And although this is a slight variation on the theme, you might also point out to her that if her new employer is so happy to push her to break her contract and not serve her notice,  one might wonder exactly what kind of employer they will turn out to be. Good employers don't encourage their employees to breach their contract because they have more respect for the law and for how they expect themselves and their employees to act. 

Undervalued

LinLui said:

Yes.  "How does my friend get out of serving notice" is becoming a little "trying".

OP, like anyone else,  your friend is perfectly free to walk out without giving notice. Slavery had been abolished. But she freely entered into an employment contract,  and if she breaks that contract then there may be consequences.  That is true for anyone,  including UK citizens. However,  UK citizens may consider the risk very low ( and it is) because they cannot have their visa rescinded and they cannot be deported. It is possible that the existing employer won't do anything if she simply leaves. But that is a risk she will have to take if she wishes to leave without working her notice. Keep asking a new variation on the same question won't get you a different answer. A good friend would just explain that fact to her. 

And although this is a slight variation on the theme, you might also point out to her that if her new employer is so happy to push her to break her contract and not serve her notice,  one might wonder exactly what kind of employer they will turn out to be. Good employers don't encourage their employees to breach their contract because they have more respect for the law and for how they expect themselves and their employees to act. 

Exactly.

Plus, if the current employer could show that the potential new employer is encouraging her to break her contract they could potentially sue them too.

OK, that is probably not very likely in this instance but what is far more likely is that the current employer doesn't pay her final wages and / or the accrued but untaken holiday. They have no legal right to do that but they would effectively be saying "you sue us and we will sue you"! 

TELLIT01

If the potential new employer is so ready to encourage people to break their contract with the current employer, one has to wonder what other rules and regulations they are willing/happy to break or ignore.

LinLui

Undervalued said:

LinLui said:

Yes.  "How does my friend get out of serving notice" is becoming a little "trying".

OP, like anyone else,  your friend is perfectly free to walk out without giving notice. Slavery had been abolished. But she freely entered into an employment contract,  and if she breaks that contract then there may be consequences.  That is true for anyone,  including UK citizens. However,  UK citizens may consider the risk very low ( and it is) because they cannot have their visa rescinded and they cannot be deported. It is possible that the existing employer won't do anything if she simply leaves. But that is a risk she will have to take if she wishes to leave without working her notice. Keep asking a new variation on the same question won't get you a different answer. A good friend would just explain that fact to her. 

And although this is a slight variation on the theme, you might also point out to her that if her new employer is so happy to push her to break her contract and not serve her notice,  one might wonder exactly what kind of employer they will turn out to be. Good employers don't encourage their employees to breach their contract because they have more respect for the law and for how they expect themselves and their employees to act. 

Exactly.

Plus, if the current employer could show that the potential new employer is encouraging her to break her contract they could potentially sue them too.

OK, that is probably not very likely in this instance but what is far more likely is that the current employer doesn't pay her final wages and / or the accrued but untaken holiday. They have no legal right to do that but they would effectively be saying "you sue us and we will sue you"! 

To be honest,  it might be more likely to happen in this instance. Low paid ( which I am assuming) doesn't mean low value. These social care roles are nigh on impossible to fill, and very necessary. That is the reason employers are allowed to recruit from abroad. And the sector is rather cut-throat. So if another employer is cutting corners,  or leaving themselves open to questionable practices that operate to their detriment, then an employer might be very willing to make an example of the other employer and the employee.

It's slightly different,  but in the same vein,  but I know of a council that recruited social workers from another country. Paid for their UK visas,  relocation, training to meet UK registration... and after six months a few of them realised it's (a) really hard work,  and (b) other employers would pay more,  and they could live in places they liked better. They thought. They thought they were being clever. They are all living back in Africa now,  and won't get a UK visa again any time soon. True story that. On the bright side,  two of them have already been promoted to senior positions. The employer is a good employer. But not inclined to be taken advantage of.