Monday, November 18, 2024

Indian nurse wins landmark legal battle in UK over unpaid wages

Rathod’s victory is expected to inspire other migrant workers in similar situations to seek justice for labor violations, potentially leading to broader reforms in the way the UK’s visa system operates in the care sector

PRAVASISAMWAD.COM

In a rare legal victory, an Indian nurse has secured a significant payout from a British care company, marking a milestone for migrant workers facing labor abuses in the UK. On September 9, Kirankumar Rathod won nearly £17,000 in unpaid wages from London-based Clinica Private Healthcare Ltd, after the company failed to provide him with work and later dismissed him. The tribunal ordered Clinica to continue paying his salary until the unfair dismissal claim is fully resolved.

Rathod is one of over 100,000 overseas workers who have migrated to the UK since 2022 under a new visa route aimed at addressing critical staffing shortages in the care sector. However, critics argue that the influx of workers has been accompanied by a surge in labor abuses, as some employers exploit migrant workers under the scheme.

Rathod had paid £22,000 to an agent in India to secure his job in the UK—though there is no suggestion Clinica was involved in this payment. This practice, common among migrant workers, underscores the financial vulnerabilities many face before even starting work abroad

Rathod’s case has brought attention to these injustices. He shared how his financial stability deteriorated after arriving in May 2023 to work as a healthcare assistant. Despite holding a contract that promised a £23,500 annual salary, Clinica did not assign him any shifts, leaving him unable to provide for his family. “This has been an incredibly stressful time for me, both emotionally and financially,” Rathod expressed in a statement, adding that the court’s decision brought him “massive relief.”

Rathod’s solicitor, Sarmila Bose from the Work Rights Centre, emphasized the broader significance of the ruling. “This is a crucial decision,” Bose stated. “It demonstrates that legal redress is possible for the many migrant workers who have been wronged under the current visa system.” Bose described the payout as a “lifesaver” for Rathod, his wife, and their six-year-old daughter, who had been plunged into a desperate financial situation due to Clinica’s actions.

Legal experts pointed out that it is extremely rare for judges to grant “interim relief” in such cases, signaling that Rathod is likely to succeed when his case is fully heard by the Central London Employment Tribunal.

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Preeta Vyas
Preeta Vyas
(न्यूजीलैंड निवासी लेखक/ पत्रकार प्रीता व्यास का रेडियो पर लंबी पारी के बाद प्रकाशन में भी कई दशक का योगदान। बच्चों के लिए लगभग दो सौ पुस्तकें प्रकाशित। पहली भारतीय लेखक जिन्होंने इंडोनेशियन भाषा और हिंदी में बाई लिंगुअल भाषा ज्ञान, व्याकरण की तीन पुस्तकें, इंडोनेशिया की लोक कथाएं, बाली की लोक कथाएं, बाली के मंदिरों के मिथक, एवं माओरी लोक कथाएं जैसी रचनाएँ प्रकाशित कीं ।) After working many years as a radio broadcaster, Journalist and Author, Preeta Vyas has come out with 200 books for children. She is the only writer of Indian origin who has written bilingual books in Indonesian and Hindi languages; Bali ki Lok Kathayen (folk stories of Bali); Bali ke Mandiron ka Mithak (Myths of Bali Temples); and Maori LOk Kathayen (Maori Folk Stories). She is based in New Zealand.)

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