4. Handling casework
The next chapters provide practical guidance for union staff and reps on how to support migrant workers facing some of the most common workplace problems. The cases that arise can be legally intricate, emotionally intense, and fraught with risks. Many cut across multiple areas of employment law and require at least a basic understanding of the visa rules( see Chapters 2 and Appendix I). Others involve exploitation, discrimination, and employer retaliation, and may even require use of the National Referral Mechanism, this is the framework for identifying and referring victims of modern slavery and ensuring they receive the appropriate support( administered by The Single Competent Authority( SCA) part of the Home Office).
This section builds on the guidance in the previous chapter about approaching workers with empathy, respect and care. Drawing on the knowledge of experienced caseworkers and organisers, it offers tools and tactics to help union reps and caseworkers navigate cases with confidence – and with the member’ s safety and best interests at heart.
Casework can be challenging – for the member and the union
The UK’ s immigration sponsorship system means that pursuing legal action – particularly against small employers – may come with serious consequences. Some providers could lose their sponsorship licence if a case is upheld, which could lead to job loss and deportation for the very workers the case is intended to protect( see Chapter 7). In the first three quarters of 2024 alone, 2,554 visa sponsors had their licences suspended or revoked.
“ They just want to do their job and stay safe – they don’ t feel they can push back.” – UNISON rep
For this reason, every case involving a sponsored migrant worker must be handled with extra care. The union’ s role is not just to fight for justice, but to protect the member’ s long-term security as well as that of other workers. Always seek legal advice where necessary and work closely with the member to understand their priorities. Many members may be reluctant to pursue long, drawn-out and potentially stressful legal cases, especially if their priority is to secure a new job and ensure they have the visa status to remain in the country. In this case, the union can work to offer other kinds of advice and support, with signposting to relevant organisations, financial or housing advice, access to networks for help in job seeking, and emotional support.
It’ s also important for staff and reps to take good care of themselves when dealing with cases that are complicated and harrowing, and in an organising context which
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