The risk of mistreatment for overseas workers recruited for jobs in the UK on health and care visas is well established. Examples range from rip-off agents’ fees and illegally low pay to conditions akin to debt bondage, with passports and wages withheld. But Shabin Shaji’s employment tribunal win over Swan Care Solutions Ltd is thought to be the first time that an individual has succeeded in forcing a business to hand over unpaid wages. His victory should give hope to others in similar situations. It is also a chilling illustration of how migrant workers can become trapped in an unbalanced system in which they have too few rights.
Mr Shaji, a computer science graduate, left his home in south India in 2023 and paid £17,000 to an agent who helped him to get a job with Swan in Stafford. Last month, a judge in Birmingham awarded him nearly £30,000 after he spent a year without work, pleading with Swan for shifts that never materialised, while living off scraps and the kindness of strangers. He eventually found other work, but has since returned to India. Swan lost its licence to sponsor migrant workers.
