6. Unfair dismissal and loss of sponsorship
Dismissal is one of the most devastating events a migrant worker can face – especially when their right to live and work in the UK is tied to their job. Unlike most UK workers, many migrant workers do not just lose their income when they’ re dismissed. They also risk losing their visa, their housing, their pathway to settlement, and their ability to remain in the country. In practice, this means that even the threat of dismissal carries enormous weight and that the fear of dismissal becomes a tool of control in the hands of the employers.
“ If you put your head above the parapet, the knock-on effects could lead to your visa being revoked and having to leave the country.” – UNISON caseworker
Dismissal is a common issue motivating migrant workers to seek support. UNISON reps and caseworkers report that many members approach the union after being dismissed for spurious reasons, or when they are unsure whether they’ ve been dismissed or not – sometimes because their shifts have simply stopped. Unscrupulous employers are known to dismiss workers just before they gain the necessary qualifying service when full protection from unfair dismissal usually begins.
“ I’ ve had so many cases where a worker is dismissed at 22 months. You can’ t prove it was to avoid giving them rights – but it’ s clear.” – UNISON caseworker
A union caseworker may be the only person a worker speaks to before – or after – dismissal. This chapter is designed to help you respond quickly, effectively, and with care, understanding both the legal framework and the human reality.
Employers cannot cancel sponsorship
Any threat from the employer that they will cancel the member’ s sponsorship is actually just a threat to dismiss them. Their employer cannot cancel their sponsorship, they can only dismiss them and write to the Home Office, saying they no longer work there. It can often take between four and eight months for the Home Office to reply with a letter of curtailment / cancellation. For what the member should do in this case, see Chapter 7
The legal framework
What is unfair dismissal?
Dismissal is when an employer ends a worker’ s contract of employment. This includes being formally sacked or made redundant, but can also include being told informally to stop working, or simply no longer being given shifts.
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