6. Unfair dismissal and loss of sponsorship
Weighing up whether to claim
For migrant workers, especially those facing a tight immigration deadline or lack of funds, making a tribunal claim may not always be realistic or a priority. The member may want to focus on finding new work or regularising their status first. Reps can support them to think through:
• Do they want to stay in the UK or are they preparing to leave?
• Will a tribunal process help their case or add stress?
• Is there enough evidence to support the claim?
• Is there potential for an out-of-court settlement?
Even if a claim is not pursued, the union can still play an important role – by supporting appeals, demanding a proper process, and documenting patterns of abuse for future leverage.
“ You’ re not just supporting someone through a process – you’ re helping them survive a life crisis.” – UNISON organiser
Checklist
• Request all paperwork: dismissal letters, rota changes, emails
• Clarify whether employment has formally ended
• Consider appealing or raising a grievance if the dismissal process was flawed, with the consent of the member
• Refer to an immigration adviser if visa status is unclear
• Refer to a solicitor or UNISON legal if a claim for automatic unfair dismissal is possible
• Encourage job hunting and CV preparation
Key documents to collect
• Employment contract
• Termination notice or correspondence
• Sponsorship details
• Payslips, rotas, timesheets
• Notes from meetings or disciplinary processes
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