6 July 2024

A migrant nurse, Kirankumar Rathod, is on the verge of securing a significant compensation from a British healthcare company after an employment judge ruled in his favor. The judge found that Rathod was likely to win his case for unfair dismissal, a decision that could set a precedent for many similar cases in the future.

Rathod, who was employed by Clinica Private Healthcare, a London-based provider, was dismissed in 2023. He had raised concerns about the lack of work being offered to him and his colleagues, who had moved to the UK under the promise of full-time employment. The interim ruling suggests that Rathod could receive more than £13,000 in unpaid wages. This ruling has been hailed as a significant victory for migrant care workers.

Sarmila Bose, the head of employment at the Work Rights Centre, which represented Rathod, called the judgment “highly significant.” She noted that this is the first instance of a care worker winning such relief in principle. Nicola Ranger, the acting head of the Royal College of Nursing, emphasized the importance of this victory, highlighting the widespread exploitation in the social care sector and urging the government to investigate and uphold labor standards.

Rathod’s case mirrors the experiences of many other migrant workers who have paid large sums to secure job offers, only to find little or no work upon arrival. Many have incurred substantial debts and are now living in poverty in the UK, unable to secure regular work and reluctant to return home due to their financial obligations. This interim decision has given hope to many who have faced similar exploitation, encouraging them to come forward.

The case continues, with a final ruling expected later this year. Clinica Private Healthcare has claimed it cannot pay Rathod’s unpaid wages due to losing its license to sponsor migrant workers, arguing that such payments would be illegal. The judge will make a decision on this matter at a subsequent hearing.

Legal experts view the interim relief granted to Rathod as a major step forward for migrant workers facing similar situations. Jamila Duncan-Bosu, a solicitor at the Anti Trafficking and Labour Exploitation Unit, expressed optimism, hoping this judgment marks the beginning of a shift in favor of migrant workers’ rights.

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