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Just like with a British employee, there are times where you may have an issue with a sponsored employee in the workplace.
Whether it be how they act towards their colleagues, their work ethic, or the fact that they are just not doing well at their job, you may be wondering what you can do.
There are three options that we will take you through below. They are not to be taken lightly, as warning or even making someone redundant can be a difficult situation, particularly if you have a good relationship with them.
Reprimand them
A simple formal warning can be enough for many minor situations, such as if your sponsored employee is not doing their job properly or is being rude to your other staff.
Before you formally reprimand them, you can just talk to them about whatever the issue is to try and resolve it before taking formal action. Whether you informally warn them or not will also depend on the severity of what they have done.
Many companies have their own processes for reprimanding employees, with some having a system where they warn their employee three times. After they have reached a certain number of warnings, more severe steps will be taken.
Report your sponsored employee using the Sponsorship Management System (SMS)
As part of your responsibilities as a sponsor, and also to ensure that you keep your Sponsor Licence, you will need to report on the activity of your sponsored employee.
Usually, this will just be monitoring their attendance and logging any authorised absences you allow them to have. You will need to use the SMS to report on their activity.
However, there may be situations where you need to report unauthorised activity using the SMS. For example, if your sponsored employee has an unauthorised absence. If this continues to happen, they will break their immigration conditions to be in the UK and may lose their visa.
sponsored employees must always comply with the conditions of their visa to retain their permission to be in the UK.
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Make an employee redundant
Whilst it may be the hardest thing for you to do personally, you may have to let your sponsored employee go if they are struggling to do the job. You may even have to let them go for other reasons, such as if your company has financial issues and needs to consider making an employee redundant.
Regardless, it is a difficult decision to let go of someone you have invested time and money into sponsoring.
However, you should note that sponsored employees are entitled to the same rights as local workers. If they have worked at your company for at least two years, then they are entitled to a statutory redundancy payment.
How we can help
Whilst we cannot help you with the issues you have with individual sponsored employees at your company, we can help you with your Sponsor Licence.
If you need help with applying for your Sponsor Licence, renewing it, or challenging a downgrade, then our experienced law team can help you.
To do this, you can arrange a 10-minute free assessment with one of our team members, during which they will determine if we can help you or not. Once it has been decided that we can help you, you can then book a longer, paid consultation that lasts either 30 minutes or an hour. Our 30 minute consultation is particularly popular at the moment.
Get in touch with us today if you need our assistance with your Sponsor Licence.
Ready for assistance?
If you have any questions, or want to book an appointment with one of our legal experts, contact Woodcock Law today. Call us on +44 (0)20 7712 1705 or email info@woodcocklaw.co.uk.
