6. Unfair dismissal and loss of sponsorship
Step 3: Gather the facts
Ask:
• What reason was given for dismissal( if any)?
• Was a disciplinary or capability process followed?
• Was the worker offered representation or a hearing?
• Could this be an automatic unfair dismissal?
Step 4: Act fast and make an appeal to the employer
As mentioned above, it may be worth putting in an immediate appeal with the employer if a dismissal has taken place. Pointing out that the employer should follow proper procedure is sometimes enough to get a decision reversed. Dismissal starts the clock for a legal claim but these can only be pursued if the worker has two years of service and wants to make the claim. The timeframe is:
• 3 months minus one day to submit an Employment Tribunal claim
• 60 days for the member to apply for a new visa or leave the UK once they have received their‘ curtailment’ letter( can take up to eight months but often less)
• Immediate need to job hunt, seek advice, or apply for interim relief
Help the member understand their rights and options. Reassure them and begin building a case if appropriate.
Making a claim: what reps need to know
If the member wants to challenge the dismissal, they may be able to make a claim to an Employment Tribunal. Reps should help them weigh up the risks and benefits early on, and get legal advice as soon as possible.
To bring a claim for unfair dismissal, the worker must:
• Be an employee( not a worker or self-employed contractor see Chapter 5)
• Have been dismissed
• Have at least two years’ continuous service( unless the dismissal is automatically unfair)
• Submit their claim within three months minus one day of the effective date of dismissal
Early conciliation with ACAS
Before lodging a tribunal claim, the worker must notify ACAS and begin the Early Conciliation process. This is a mandatory step. ACAS will contact the employer to see if the issue can be resolved informally. The time spent in conciliation pauses the tribunal deadline.
32 LRD • Supporting migrant workers