6. Unfair dismissal and loss of sponsorship
• whistleblowing in the public interest
• asserting a statutory right( e. g. claiming the minimum wage)
In these cases, a tribunal claim can still be brought – and may be stronger with union backing.
‣ Tip: Get legal advice early if any of these apply. Interim relief may also be available to pause the dismissal.
Pregnancy, dismissal and visas
Migrant women on sponsorship visas are particularly vulnerable to dismissal when they become pregnant. Employers sometimes withdraw sponsorship, reduce hours, or refuse to renew visas once they know a worker is pregnant. This puts members at risk of losing both their job and their immigration status. Union reps should be alert to these cases and support members quickly. See Chapter 10 for more detailed guidance.
How to approach it as a rep or caseworker
Step 1: Understand the situation
Ask:
• Is the worker on a sponsored visa?
• Who is their sponsor( is it the employer in question)?
• Have they been formally dismissed, or have their shifts simply stopped?
• Do they have anything in writing( letter, email, message)?
• Have they received their letter from the UKVI telling them when their sponsorship will end?
Help the member gather documents and clarify timelines. Offer to contact an immigration adviser if needed.
Step 2: Understand what the member wants
Clarify the member’ s priorities – whether they want to challenge the dismissal, find new work, remain in the UK, or access legal or immigration advice. This will help guide next steps and determine if a tribunal claim is appropriate. One caseworker advised always submitting an appeal against the dismissal whilst at the same time working to help the member find a new role( See Chapter 7).
LRD • Supporting migrant workers 31