Migrant nurse to get major payout in unfair dismissal case

A MIGRANT nurse may receive a substantial payout from a UK healthcare firm after an employment judge ruled he was likely to succeed in his unfair dismissal case, a decision that could open the door for numerous similar claims, The Guardian reported.

Employment Judge Natasha Joffe ruled that Clinica Private Healthcare, based in London, might owe Kirankumar Rathod unpaid wages following his 2023 dismissal. This ruling could result in a payout exceeding £13,000.

Rathod was dismissed after voicing concerns about the insufficient work provided to him and other colleagues, who had also migrated to the UK with promises of full-time positions.

Campaigners are hopeful that this interim ruling will encourage numerous others to come forward, following recent revelations of widespread worker exploitation in the sector. A final decision on Rathod's case is anticipated later this year.

Sarmila Bose from the Work Rights Centre, representing Rathod, pointed out the significance of this judgment as the first instance where a care worker has won such relief.

Nicola Ranger of the Royal College of Nursing called it a crucial victory for migrant healthcare workers and urged for an investigation into widespread exploitation in the sector.

“This is a vital victory for migrant healthcare workers. This case is not the end of the matter because we know that exploitation is widespread across social care. Migrant care workers desperately need the next government to launch an urgent investigation and take action to ensure labour standards are upheld," Ranger was quoted as saying.

Rathod’s situation is similar to many others reported, where workers paid large sums to secure job offers but found little or no work upon arrival. Many are now in debt and living in poverty in the UK.

The shadow home secretary, Yvette Cooper, has promised that Labour will investigate the treatment of migrant care workers if they come into power.

Rathod recounted paying £22,000 to an immigration agent in India for a visa and employment with Clinica, which promised a 39-hour workweek. After initial training, he was offered no work and was dismissed after protesting his lack of shifts.

In an interim ruling in June, Judge Joffe found that Rathod is likely to win his unfair dismissal claim and should receive unpaid wages amounting to at least £13,000.

Clinica did not comment on the case but has claimed that it cannot pay Rathod's wages due to losing its licence to sponsor migrant workers. The judge will address this issue in a subsequent hearing.

Jamila Duncan-Bosu, a solicitor at the Anti Trafficking and Labour Exploitation Unit, said: “This is a very interesting and welcome judgment. Hopefully it is the beginning of the tide turning, and more workers will be in a position to come forward after this.”