When redundancies affect individuals on sponsored work visas, employers must be alive to additional complexities. Immigration constraints limit the alternatives available, discrimination risks multiply, and the consequences for the worker are wider than losing just their job. We explain what employers need to consider at each stage of the process.
Most employers know the basics of a fair redundancy process: a genuine redundancy rationale, fair pooling/selection, adequate consultation and consideration of alternative employment. Get those right and the risk of employment tribunal claims – for unfair dismissal and/or discrimination – is generally manageable.
However, where the affected workforce includes employees on sponsored work visas (assuming these are employee sponsored workers), there are additional considerations and potential pitfalls. For example, constraints on their immigration status are likely to restrict alternative options – such as reduced hours or redeployment into
