A Kerala man who relocated to the United Kingdom under a care worker visa has been awarded substantial compensation after an employment tribunal ruled that his employer failed to provide the promised work. Shabin Shaji received nearly £30,000 (approximately ₹38 lakh) following a hearing earlier this year, highlighting the vulnerabilities faced by migrant workers.
The Journey to the UK and Unfulfilled Promises
Shaji’s journey began with the belief of a significant shortage of healthcare workers in the UK, a notion he explored after consulting a YouTube influencer who connected him with an immigration agent. He reportedly paid the agent £17,000 (over ₹21.5 lakh) before securing a Certificate of Sponsorship and a UK work visa from Swan Care Solutions Ltd.
Upon his arrival in Stafford, England, Shaji found himself in a dire situation. Despite having the necessary permissions and being ready to work, his employer allegedly left him without any actual employment or income. His sponsored visa also restricted his ability to work more than 20 hours a week for another employer, severely limiting his options to earn a living.
Hardship and Seeking Justice
During the tribunal hearing, Shaji recounted the extreme hardships he endured, stating, "I drank tap water and bought bread close to its expiration date to survive." He also mentioned seeking free food from local shops and receiving support from a church congregation. The experience profoundly affected his finances and family, leaving him feeling abandoned.
His health deteriorated, and he eventually secured sponsorship from a different employer in April 2024 before returning to India. Determined to seek justice for the breach of contract, Shaji approached the Work Rights Centre, an employment rights charity that provided crucial support for his case.
Tribunal Ruling and Call for Reforms
Employment Judge Kate Edmonds, in her ruling, found that Swan Care Solutions Ltd had breached its contractual obligations. The judge noted that Shaji had fulfilled all requirements to commence work, being in the country with the correct permissions and living in the specified location. However, the company "did not provide him with work, nor did they pay him."
"What, in effect, the respondent was doing was treating the claimant as a zero-hours worker... The problem, of course, was that the claimant was not a zero-hours worker. The respondent withheld work from him... There was therefore an unauthorised deduction from his wages," Judge Edmonds stated, ordering the company to pay back wages for the period Shaji was available and willing to work.
Dr. Dora-Olivia Vicol, Chief Executive of the Work Rights Centre, commented on the broader issue, stating, "We've seen case after case of migrant care workers sold a dream in Britain, leaving their careers and families behind, only to find destitution and abandonment." She called for reforms to the UK's Skilled Worker visa system to empower migrant workers to change employers more easily when their rights are violated, preventing similar exploitation.